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Rice Law Office Blog

This blog reviews important legal issues including: personal injury, employee compensation, workers compensation, discrimination and wrongful termination.

Top Three Tips for maximizing recovery in your personal injury case

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Whether you plan to try to represent yourself or you’ve decided to work with a personal injury attorney to help you with your personal injury case, here are three things to keep in mind in order to ensure fair compensation for your injuries. 

 

#1. Preserve The evidence

The more you can do to preserve evidence, the greater the chance of winning your personal injury case and maximizing your recovery. Your claim for compensation will need to be backed up with credible evidence, including written documents, witness statements, medical records and photographs. Therefore, whatever you can do along the way to preserve these critical pieces of evidence, will help you to maximize your recovery of fair compensation for your injuries. 

 

Examples of evidence you can gather for your personal injury case:

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100 million Americans have chronic pain. Very few use one of the best tools to treat it. (shared article)

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Read this interesting article about the scientific studies involving chronic pain and the human brain.

Chronic pain often has no physical cause. Psychotherapy can reduce the suffering.

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The Number One Tip to Maximizing Benefits Pending Injury Litigation

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Serious injury that results in disability, or may result in disability, should trigger an early and thorough analysis of the client’s rights and obligations with respect to employment and other disability benefits.

 

All too often, seriously injured clients face bankruptcy, eviction, and worse, during the pendency of their PI case and this kind of harm and resulting desperation isn’t necessary. There is much that can be done to protect our client’s continued employment, or at least to tide them over with continuation of benefits and/or wage replacement. Finding these supports is not only a huge added value that injury and workers compensation attorneys can provide to their clients, but it also improves the outcome of the client’s case.

 

Your documentation can help reduce the stress of lost work and benefits

Clients who are not under the stress of potential job loss and financial ruin are better able to hold on for the right outcome. More, they are less likely to suffer anxiety and depression and more able to assist in their litigation with calm and credible presentation. In addition, the ability to document a client’s injuries in their medical records is a critical component to success. All too often we hear that injuries and symptoms that don’t appear in a doctor’s record are assumed not to exist. Unfortunately, this kind of documentation requires access to care and insurance and a person who is injured, out of work and just scraping by, may not have the money to keep their insurance going or to pay out of pocket for expensive medical appointments. All too often, injured people wait to get treatment because they can’t afford it.  Its understandable, but putting off medical care can not only weaken the legal case, but more important, it can result in longer periods of disability and tremendous stress on clients and their families. The longer the period of time out of work, the longer the client goes without money or benefits and the cycle continues.

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Injuries Incurred Due To Intoxication On The Job: Out of Luck, Right? Maybe Not!


As we have addressed in our other Blogs about work place injury, Worker's Compensation insurance in New Hampshire covers nearly every injury suffered by employees as long as the injury is suffered during and in the course of employment.  However, we have also told you there are exceptions. 

Among the exceptions to coverage are for example, instances in which an injury is caused in whole or in part by the employee’s intoxication.  In such cases, the law says an employer and it's insurance company is NOT liable for that injury even if it occurred in and during the course of work.

However, as it turns out, the conversation doesn’t end there.  There is an exception to the exception!

Here's The Twist:

The intoxication exception does not apply if the employer knew that the employee was intoxicated. That’s right, if the employer knows about the intoxication and the employee gets injured at work, there still might be coverage under worker’s compensation.

At first it might seem hard to imagine how this could occur, but upon further consideration, a few circumstances might come to mind...

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Always see a doctor right away if you have been in a car accident.

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 It's important to see a doctor right away after you've been involved in a car accident even if you think you didn't sustain any injuries. 

 
In the moments and hours after a traumatic injury people go through a period of shock. The body reacts by sending chemicals and messages throughout your system aimed at helping you get through the initial stages of the crisis.  Pain is the loud voice that tells us to get help, but it can also interfere with thinking, so when your body senses it's in survival mode, it has the ability to reduce pain or even mask it all together. As a result, some people feel no pain right away, despite having been injured. 
 
Although this natural defense mechanism is helpful at first, it can backfire if you don't undergo a medical evaluation. You might feel fine right away, but still be injured. In the hours and days that follow, as the adrenaline wears off, the pain comes through, but in the meantime, you have been nonetheless injured all along. 
 
Going without immediate medical treatment could mean a missed opportunity for early intervention which could make your injury worse or your recovery period longer. 
 
 
Not all serious injuries resulting from car accidents or serious falls are immediately noticeable. Shock and your body's reaction to it, can mask your injuries for days or even weeks after an accident. This is particularly true in the case of traumatic brain and head injuries, but also injuries to the back, neck and spine. 
 
You may also overlook the potential impact of the emotional trauma you just went through. It's natural to experience emotional distress when you go through a trauma, particularly in cases where you may have witnessed the serious injury or death of another individual or worse, a loved one.  This emotional distress could lead to psychological damages if not treated, as it weighs on your mind and takes its toll. 
 
The best course of action  in a serious accident is to see a doctor right away, regardless of whether you are in pain or think you've been injured. 
 
The doctor will be able to examine you thoroughly and conduct any tests necessary to assess whether you've been injured in the accident, even if your body is doing its best to mask your symptoms. 
 
If, by the time you get to the hospital, you've begun to feel any discomfort or pain, or if the doctor determines that you have been injured, then he or she will be able to treat your injuries early and proactively to improve your odds of a full recovery.
 
Still, despite this practical advice, we understand many people don't want to bother with seeing a doctor when they believe their accident was just minor. If feels like a lot of fuss, attention, and maybe even a waste of time and energy. 
 
The problem is, if you fail to seek medical attention right away, and it turns out later that you did suffer an injury, in addition to the health risks you could incur, there can also be legal and financial consequences.  
 
In order to get insurance coverage to help you recover from your damages, including your medical bills, lost wages and pain and suffering, you will need to prove that you were injured as a result of the negligence of another person.  
 
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Car Accidents in New Hampshire: What do I do?


 

Car accidents are a serious public health hazard in the United States. In every year since 2010 there has been more than 30,000 fatalities on the road. While traffic deaths in the U.S. had been declining in recent years, we are currently on pace for the deadliest year on the roads since 2007 when there were more than 41,000 deaths from traffic accidents.

Car accidents in New Hampshire have seen a 61 percent increase in fatalities so far this year. This is the second highest rate of increase in road deaths in the country, trailing only Vermont.  New Hampshire has launched several programs aimed at reducing accidents on the road, but for now drivers should be aware that it's a particularly dangerous time to be on the roads.

Fatalities may be the most severe outcome of traffic accidents, but there have also been more than 2.2 million non-fatal injuries from car accidents through the first 6 months of 2017. These injuries can be costly in terms of medical care and treatment, but can also lead to missing time at work and other disruptions at home and in our communities.

 

If you are unlucky enough to be in an accident its important that you know how to respond. The New Hampshire DMV lists some helpful tips on its website, but the key things to know are:

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