Vermont & New Hampshire Injury Blog

SNOWMOBILE ACCIDENTS KILL THREE IN LAST THREE WEEKS

"OBJECT" ON SKI TRAIL MAY CREATE LEGAL LIABILITY

Hunter shot by another hunter in Bradford Vermont

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Consumer Alert

As economic times get tougher there are many predatory firms out there claiming they can help with financial problems. Recently we received a call from a client complaining they wire money to a firm that held itself out as being able to fix IRS debts. The client never saw the money again and needless to say the firm did nothing to help. Now they won't even answer the phone. Legal proceedings are unlikely to help clients in this fix. Court costs and attorneys fees can make it prohibitive. The best thing to do is to check out these companies very carefully before giving them any money or signing any contracts.

What is a Tort?

Van Dorn & Curtiss specializes in tort law.  There are three major kinds of torts: negligent torts, intentional torts, and strict liability torts. These are discussed in detail in our library articled titled “What is a Tort?  A brief overview of negligent torts, intentional torts, and strict liability.”   The purpose of the article is to provide our clients and potential clients with substantive information regarding civil law because we believe an informed legal consumer is our best client. Negligent torts and civil suits based upon principles of negligence.  “Negligence” is the failure to exercise the type of care that a reasonable person would under the same circumstances. For example, drivers have a duty to operate their motor vehicles in a reasonable fashion.  If a driver fails to act reasonably, or safely, as another driver would under the same circumstances, that person has breached their duty of care and civil suit may be brought to recover damages resulting from the breach of that duty. Intentional torts are civil wrongs resulting from the intentional actions of another person. These are also commonly referred to as battery, assault, false imprisonment, trespass, nuisance, and intentional infliction of emotional distress. Although many intentional torts are punishable through the criminal justice system, civil law compensates the victim for any damages incurred.Strict liability is a tort, which holds a person responsible for harm caused by their actions regardless of their subjective culpability or fault. These cases typically arise in the context of defective products or animal attacks.

Van Dorn & Curtiss frequently represents victims of negligent torts, intentional torts, and strict liability torts.  For more information about these types of injuries, visit some of our practice area pages such as personal injury; automobile accidents; wrongful death; product liability; and pet attacks.

Snowmobile crashes can cause serious injury.

The New Hampshire Union Leader recently reported that two people has suffered serious injuries in two separate snowmobile accidents in Barnstead and Henniker, New Hampshire.

One of the injured individuals was Corey Slosek, age 20.  Although the exact details of the crash are unknown, it appears as though Slosek was riding his snowmobile around 12:30 a.m. alone behind his home. He may have been speeding and missed a connector trail, crashing into a tree. When he didn’t return home, family and friends began searching for him.  He was found almost 2 hours later near Upper Pond.  He was airlifted to Dartmouth-Hitchcock Medical Center where he remains in critical condition.

The other snowmobile crash involved William Brown, age 43 of Loudon New Hampshire.  His snowmobile also crashed into a tree.  He was taken to Concord Hospital and was not wearing a helmet at the time of the collision.

Similarly, an article from Boston.Com recently reported how young, inexperienced snowmobile drivers were injured after they were thrown from a snowmobile.  Apparently, James Morgan, age 17 of Plainfield hit a bump at 35-40 m.p.h, and was thrown from his sled.

Lina Valov, 26, and Raymond Gearity, 25, both of Boston, were snowmobiling on a rented machine, when Valov lost control and crashed. Apparently, Valov broke her nose and suffered a face cut. Gearity wound up under the machine, cracking his helmet on a rock.

Most people underestimate the dangerousness of snowmobiles, especially first time drivers or riders.  There are several tips that you should keep in mind when operating a sled to avoid causing serious personal injury to yourself and others:  never consume alcohol or drugs before or during snowmobile operation; always maintain a safe speed; carry appropriate first-aid materials; avoid traveling over lakes and ponds; wear a helmet and warm clothing; stay on marked trails, and never travel alone. 

There are several safety resources for riders, including the Safe Riders Snowmobile Safety Awareness Program. 

Van Dorn & Curtiss frequently represents snow mobile accident victims who have been injured due to another driver’s negligence.  If you would like to find out more about these types of accidents, injuries, insurance claims, visit our website. 

Settlements in Personal Injury Cases

Was that person “negligent” and do I have a personal injury case?

Many people are injured as a result of car accidents, motorcycle accidents, industrial accidents, construction site accidents, bicycle accidents, pedestrian accidents, and medical malpractice. If the injury was the result of another’s negligence, you may have a personal injury case.  Negligence is the failure to exercise the type of care that a reasonable person in society would exercise under the same circumstances, also known as reasonable care. Negligence does not simply mean that someone has done something wrong.  Rather, there are elements of negligence that have to be established. These elements are duty, breach, causation, and damages. For a more detailed explanation of the elements of negligence, click here: The Elements of Negligence. If your personal injury attorney can establish these elements, then you may have a personal injury case. A personal injury case is a legal request for financial compensation for damages suffered as a result of another’s negligence.  However, your personal injury claim may be subject to a statute of limitations. A statute of limitations is the maximum period of time you have to initiate a claim, or bring legal proceedings, based on the negligent event that caused your injury.  At Van Dorn & Curtiss, we can review your case and help determine your claim eligibility.

How does the United States Supreme Court affect personal injury claims in Vermont?

Every year the United States Supreme Court rules on a wide variety of legal issues.  In 2009 the Supreme Court is expected to issue an opinion in the case of Wyeth v. Levine.  In this case the drug company, Wyeth is seeking to overturn a Vermont state court’s ruling in favor of Diana Levine, a musician who lost part of her arm after an infection caused by a painkiller manufactured by Wyeth.  The legal issue before the court is whether federal law preempts conflicting Vermont state law and whether Diana Levine can bring a personal injury claim against a drug manufacturer for injuries caused by FDA-approved drugs. If the Supreme Court rules that Diana Levine’s is barred from bringing a suit, drug companies could be immune from personal injury claims as long as the drug was approved by the FDA. The Supreme Court will release its rulings in the spring and it will be interesting to see how the case is decided. 

This is a frustrating example of how insurance companies often attempt to escape liability based on a technicality.  As discussed in Personal Injury Law, Insurance and the movie “Sicko,” if you have a serious personal injury claim don’t think that the insurance company will treat you fairly.  The only time an insurance company pays a fair settlement is when the injured individual is represented by an experienced personal injury attorney.  At Van Dorn & Curtiss we know about a thing called insurance companies rules.  Click here For a comical explanation of insurance companies rules.

10 Worst Insurer's in America

Beware of Settlement Mills

There are a lot of law firms out there who hold themselves out as "personal injury" law lawyers but in reality they are just "settlement mills". These law firms usually heavily advertise  as "personal injury" lawyers on tv and in the phone books but do not really function as lawyers. What they do is collect information about the case, send it to the insurance company and try to negotiate settlements without ever leaving their desks. Eventually they accept whatever the insurance company feels like paying for the claim. They have no leverage because the insurance companies know that they wont go to court. They make up in volume for what they don't get for the individual clients. In many cases the client has no idea what their case is worth, so the case is settled and they are none the wiser. Sometimes they client senses they are getting a raw deal and will seek a second opinion about their case. Many of these clients wind up in our offices. We are often shocked by what their  "settlement mill" lawyers were trying to get them to accept as a settlement. Because our law firm has a reputation for going to court when necessary to fight the insurance companies we are usually able to negotiate much better settlements for our clients. And in those rare cases when the insurance company won't pay a fair settlement we have no problem going to court and asking a jury for an award that usually winds up being greater than the amount we were originally willing to settle for. This gives us the leverage our clients need to get fair settlements. See our client testimonials and sample cases to learn about our results.  

New Hampshire Personal Injury Law

Personal injury law practice in New Hampshire has become more complex and challanging in the last several years. The basic legal concepts have remained the same, but in practice the insurance companies that pay the vast majority of New Hampshire personal injury law claims have become more and more difficult to deal with. Most often they will only full value of New Hampshire personal injury claims to victims represented by the very best New Hampshire personal injury law firms. If the law firm representing the New Hampshire personal injury victim does not have the reputation of being among the very best the insurance companies simply refuse to pay full value of the claim, knowing that the second tier law firms usually do not have the experience or skill necessary to successfully bring the New Hampshire personal injury claim to court. Therefore, it is extremely important for New Hampshire personal injury victims to hire only the most experienced and successful New Hampshire personal injury law firms to represent them. Van Dorn & Curtiss enjoys the reputation of being among the very finest New Hampshire personal injury law firms. We invite you to review our website and contact us with any questions you may have.

"...an informed client is our best client."

Unethical Lawyers

Insurance Companies and Personal Injury Lawyers

I recently read an article that discussed how insurance companies are the main force behind the negative publicity and stories that personal injury attorneys receive.  The article discussed how injury victims who are represented by attorneys receive higher payouts than those who seek to settle their claims alone. 

For the most part, this article is accurate.  Insurance companies understand that experienced personal injury lawyers will know when a settlement offer or payout is insufficient for their client’s needs.  This article briefly mentioned that some personal injury lawyers bring the bad publicity upon themselves.  To a certain extent this is true.  We have had clients from Vermont and New Hampshire tell us that they were actively solicited by lawyers after their injury.  One issue this article didn’t discuss is that while claimants do receive more money when they have an attorney represent them, sometimes this isn’t always in their client’s best interest.  Generally, personal injury attorneys work on a contingency fee basis.  Meaning, if you win you claim, one third of your settlement or verdict goes to the attorney.  Sometimes, this leaves the victim with less money than they would have received had they settled the claim on their own.

At Van Dorn & Curtiss, we don’t believe it is always appropriate to take a full fee from a client.  In fact, we have had some clients where we’ve greatly reduced our fee, or taken no fee at all.  Some attorneys will take a client, not do much work, and happily take a one third fee.  This is unethical.  Our attorneys will give you an honest assessment of your claim and we will tell whether it is in your best interest to settle a claim on your own.

Three Injured in Separate ATV Accidents

A man from Sandusky Ohio was seriously injured this weekend while riding his ATV.  In a separate incident, two other men from Ohio were injured when their ATV’s collided with one another.  One of the victims had to be airlifted from the scene to a local county hospital.

During the summer months, many people from Vermont and New Hampshire spend their free time riding ATVs.  As with any outdoor recreational activity, when riding an ATV it is important to put safety first.  Due to their narrow wheel base, it is possible for ATVs to rollover, potentially resulting in serious injury.  Always wear a helmet when riding and make sure the driver is physically capable of handling the ATV.    

HR 6126: The Fairness in Nursing Home Arbitration Act

Last month, Congresswoman Linda Sanchez introduced a bill that would eliminate mandatory arbitration clauses in nursing home contracts.  When you place a loved one in a nursing home, you have to sign a contract.  These contracts generally have a clause that states that if something happens to your loved one, you must go through binding arbitration with a neutral mediator, as opposed to bringing a claim in court.  Generally, these clauses give the nursing homes the right to choose the mediator.  It is argued that in most cases the nursing home will choose a mediator that will be sympathetic to their position so as to get repeat business.  The purpose of the bill is to motivate nursing homes to provide quality care.

Nursing home abuse is a serious issue.  Call your local U.S. Representative and ask them if they support this bill. 

I Call Insurance Company Rules!

http://www.youtube.com/watch?v=bVpX5fUvPlg

This Youtube video is geared towards making the viewer laugh, and it does just that.  However, this video actually makes a good point.  If you've ever had a claim for benefits with your insurance company, or the insurance company of another, you know that these companies can make up the rules as they go.  Insurance policies dictate the duties of both parties; the policy holder as well as the insurer.  Yet, it has been repeatedly reported that insurance companies will find new and clever ways to get out of paying claims.  The companies make money by accepting premiums and denying claims. 

If you have been injured in an accident and are fighting with an insurance company, it may be advisable to consult with an experienced personal injury lawyer.

Research Your Potential Personal Injury Attorney

A well known Milwaukee personal injury attorney is under investigation for possible ethical violations.  The local attorney regulation board is reviewing potential violations including missed deadlines for filing a lawsuit.  As a result of the deadlines passing, the clients' cases had to be dropped.

Many attorney offer potential clients quick results;  however, it is important to research an attorney BEFORE you sign an agreement and give them your case.  Our publication "22 Questions to Ask When Choosing a Personal Injury Attorney" may be helpful in your research.

Senate Passes Safety Bill for Toys

The United States Senate recently passed a bill designed to make toys geared towards children 12 years and younger safer.  The bill sets new standards for materials that may be used for toys, including maximum lead amounts and banning certain types of plastics.  The bill also restricts toy sales by internet and magazines. The bill passed the Senate by a vote of 89-3, and passed the House of Representatives by a vote of 424-1.  President Bush said that he will sign the bill into law.

Welcome To Our New Website

Welcome to our website. Recently we sent a postcard to all our clients and friends of the firm about the redesign of the Van Dorn and Curtiss website. If you received the postcard and have visited the site we are glad you are here and thank you for taking the time to visit the site.

This site will always be a work in progress. We are constantly thinking of ways to improve it to inform the public about our firm and about legal issues that are important to victims of personal injury and other wrong doing. This is where you can help. I would most appreciate any comment you have about the site – good, bad or indifferent. Comments about how you think we can improve the site are especially welcome. You can email me your comments directly at evandorn@nhvtlaw.com .

Again, thank you for reviewing the site and please remember that our greatest source of business comes from word of mouth. That is, from people who tell other people that we will do a good job for them serving their legal needs. I look forward from hearing from you. Ed Van Dorn

Personal Injury Law, Insurance and the movie “Sicko”

We have written on this topic before. If you have a personal injury claim it is a mistake to think that the insurance company responsible for paying the claim will treat you fairly. The objective of the insurance company is to make a profit. Profit is made by collecting premiums and paying out as little as the company can get away with in claims.

Michael Moore’s new movie “Sicko” has a very good example of what we are talking about. In it a former insurance company (HMO) executive testifies before congress. While she is testifying about denying health insurance claims the same holds true about how insurance companies treat personal injury liability claims.

Here is an excerpt of her testimony:

“In all my work, I had one primary duty and that was to use my medical expertise for the financial benefit of the organization for which I worked and according to the managed care industry... [In the managed care industry] it is not an ethical issue to sacrifice a human being for a savings, no matter how that savings occurs. And I was repeatedly told that I was not denying care. I was simply denying payment.”

For a more complete record of her testimony you can go to: http://www.cchc-mn.org/issues/peeno596test.php3 

or http://www.nomanagedcare.org/DrPeenotestimony.html

The bottom line is that if you have a serious personal injury claim it is a mistake to think the insurance company will treat you fairly. In our experience the only time an insurance company will pay a fair settlement for a serious personal injury claim is when the claimant is represented by an experienced personal injury attorney with the reputation and track record for going to court.  It is only with this leverage that fair settlements are paid.

Choosing the Right Lawyer for Your Personal Injury Claim