It is not uncommon for insurers to conduct surveillance of a workers compensation claimant. The New Hampshire Department of Labor [“DOL”] does not have any rules or written procedures expressly requiring the disclosure of all surveillance video and related...
Exterior Of The Office Building Of McDowell & Morrissette, PA
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A Manchester Personal Injury Law Firm
David S.V. Shirley
Vaccine Injury
Most of the time, vaccines are a routine, uneventful part of healthcare. For certain individuals, however, reactions to the inoculations can cause severe injuries and health conditions. Adults and children alike can find their lives permanently...
Surplus Lines Umbrella Insurance May Be Required to Provide Uninsured Motorist Coverage in New Hampshire
McDowell & Osburn recently settled a case against a surplus lines insurer that did not want to provide uninsured motorist coverage for a 12 year-old girl who was hit by a car while walking across a street. The young girl suffered a brain...
Child with Severe Burns to Both Feet
McDowell & Osburn recently settled a case involving a two-year old child with severe burns to both feet. The two-year old was playing in the back yard of the duplex where his family rented an apartment. His mother’s boyfriend was watching him and his baby...
Immunity for N.H. Public Entities Does Not Extend to Motor Vehicles
New Hampshire public entities, such as towns, cities, counties and school disctricts, are protected by various statutory immunities that limit when they can be sued for injuring someone. There are exceptions to these immunity statutes. RSA 507-B:2 allows claims...
Enhanced Damages for Cell Phone Use
In New Hampshire it is possible for an injured victim to seek enhanced damages from the person who caused the accident. Enhanced damages are also called liberal compensatory damages and allow for compensation for any aggravating circumstances or conduct that caused...
Do Pooled Risk Management Programs Provide Insurance to Public Entities?
In New Hampshire there is a law that immunizes public entities, like cities and counties, from many kinds of personal injury claims (NH RSA 507-B:5). Most of these statutory immunities are waived to the extent the public entity has liability insurance (NH RSA...
The Debenedetto Disclosure
Under current New Hampshire law, it is possible for a defendant in a personal injury case to request that a jury consider the fault of someone else for causing the injury to the plaintiff. This includes considering the fault of someone who is not involved in the...
Res Ipsa Loquitur and Multiple Defendants
Res ipsa loquitur is one of those Latin phrases lawyers like to use. It simply means the act speaks for itself. So when an accident happens that causes injury or property damage that would only happen if someone was at fault, or negligent, then the burden of proof...
