The civil suit was brought by Sandra Garza, the girlfriend of the deceased officer. Ms. Garza brought five civil claims against President Donald Trump. These include Wrongful Death, two counts of Negligence Per Se, a Survival Act claim, and Conspiracy to violate the officer’s Civil Rights.

Wrongful Death:

The wrongful death claim is a DC state law being heard in federal court. Under the law, the “spouse or domestic partner” of the decedent can bring a wrongful death claim for their own personal loss. The theory is that if your spouse dies, you would be entitled to damages for the loss of companionship. The definition of a spouse is clear. There must be a legal marriage. A close girlfriend does not pass the threshold.

A domestic partnership is a bit trickier. A domestic partnership is the co-habitation of two people to confer certain legal rights. Officer Sicknick named Ms. Garza as his domestic partner in his will. However, they never went the additional step of having the state formally recognize the domestic partnership. Thus, the federal judge dismissed the wrongful death claim because Ms. Garza lacked standing to bring the action.

Negligence Per Se:

Negligence Per Se is a legal theory which, in essence, says that if you violate a regulation that creates a specific duty of care, you automatically breach the duty. A typical example is a general contractor who violates the building code and the house collapses. In that case, you would not have to prove the contractor was negligent. You just have to prove he violated the regulation. The violation is negligence “in itself”.

In this case, Ms. Garza claimed that President Donald Trump’s violation of DC’s anti-riot laws during the January 6th protests, claimed by some to be an insurrection, triggered negligence per se. However, the federal judge ruled that the anti-riot laws are only general prohibitions. The court held that they are not regulations that conferred a specific duty. As such, these two counts were dismissed as well.

Survival Claim Action:

Ms. Garza was, however, permitted to proceed with the DC Survival Claim action associated with the January 6th protests against President Donald Trump. A survival claim is different than a wrongful death claim. The survival claim is brought on behalf of the estate itself. In essence, the Estate of Officer Sicknick would be able to collect damages for his pain and suffering before his death and the loss of his life.

Ms. Garza was named the executor of Officer Sicknick’s will. Accordingly, she is able to bring the survival claim on behalf of the estate as the estate’s personal representative in the insurrection case. However, Ms. Garza would only be entitled to collect a judgement in the case if she was also named a beneficiary of the will. Otherwise, if the will did not name beneficiaries, Officer Sicknick would be intestate. The recovery would flow to his spouse (which he did not have), then his children (if any), and then his parents (if still alive).

Professional Rescuer’s Doctrine:

As an aside, the defendants also moved to dismiss the insurrection case under the DC Professional Rescuer’s Doctrine. In NH and MA, this is known as the “Fireman’s Rule”. The rule states that a professional rescuer (police officer, fireman, EMT, etc.) cannot recover for injuries he sustained during a professional rescue. The theory is because he “assumed the risk” of the danger of the job.

He would be entitled to worker’s compensation, but not in a third-party tort claim against President Donald Trump. The federal judge reserved ruling on this issue until more evidence came out about whether the unique circumstances of the January 6th protests was something that foreseeable to the US Capitol police.

Judge dismisses three civil counts against Trump, others over death of Jan. 6 Officer Brian Sicknick (foxnews.com)

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It is reported that the pedestrian was walking with a group of friends when he was struck. The police are still investigating the circumstances surrounding the accident on West Main Street.

It remains unclear whether the pedestrian had an available crosswalk at this particular area of West Main Street in Hillsborough when the accident happened. However, the operator of a motor vehicle is not absolved from responsibility. A motorist is required a keep a proper look out. He is not permitted to strike a pedestrian, regardless of where he was walking, if the impact could’ve been avoided. That is especially the case if the pedestrian was walking with a large group of people. The group would’ve been readily observable to a vehicle operator.

Comparative Fault:

Under these circumstances, the New Year’s Day pedestrian struck in Hillsborough case typically falls on the issue of comparative fault. Sometimes the pedestrian and the motorist are responsible for an accident. In such a case, a jury is asked to apportion a percentage of fault to each party involved. For example, assume the available insurance coverage is $100,000 and a pedestrian is found to be 10% at fault. In that case, his recovery would be reduced by $10,000.

Additionally, the standard of reasonable care is based on what a reasonable minor teenager would do under those circumstances. In essence, you don’t compare the behavior of a minor teenager who got hit by a car to a grown adult who may exercise more caution.

It is also important to point out that when the police conduct a lay investigation (one without an accident reconstruction), their opinion is not dispositive. If the responding officer determines the teenager is responsible for getting hit, that evidence does not come out at trial. That is because the officer was not a witness to the car accident. Ultimately the jury decides fault, not the police.

In practical terms, the insurance company evaluating the teenage pedestrian struck in Hillsborough claim is going to defer to the police report. However, an experienced car accident attorney is not going to take no for an answer. He will push the case deep into litigation if there’s a strong theory of liability that can be proven at trial on behalf of the teenager who got hit.

Police: Teenage boy seriously hurt after he was hit by a car in Hillsborough (wmur.com)

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The State Police shut down the highway to facilitate a DART Helicopter landing on the roadway. The helicopter transported one of the injured occupants to Dartmouth Hitchcock Medical Center. It is reported that three of the passengers in the car accident have life threatening injuries.

The State Police Collision Analysis Reconstruction (CAR) Unit conducted an investigation of the crash scene. While the cause of the collision has not been released, it is reported that impairment was not a factor in this New Year’s Eve car wreck. Motor Vehicle Crash with Serious Bodily Injury | NH State Police

If the reports are accurate, that this was a single vehicle collision, the occupants of the vehicle would still be able to bring a potential claim for negligent vehicle operation against the driver of the car. Generally speaking, if the vehicle was insured, there would be coverage per person and per incident. So, for example, if the insurance policy was $1,000,000 / $3,000,000, no single occupant would be entitled to more than $1,000,000 and the collective occupants would not be entitled to more than $3,000,000 in aggregate. New Hampton, New Hampshire crash: 5 seriously hurt (wmur.com)

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This dangerous condition of the BlendJet 2 product can pose horrible consequences if the blades are swallowed. The BlendJet 2 is a portable blender that can charge with a USB cord. Customers are able to take the blender to work, for example, and blend fruit, water, and ice. Customers can drink a freshly prepared smoothie right out of the handheld blender. The product retails between $50 – $75.

It is reported that the BlendJet 2 products in question were sold between October 2020 and November 2023. The main retailers that sold the BlendJet 2 products were Costco, Walmart, and Target. The dangerous BlendJet 2 products can further be identified by serial numbers ending in 5201 – 5542.

Our team of products liability lawyers explain that if the defective Blendjet blades are swallowed, this could result in catastrophic damage. The injury would not just be to the esophagus, but potentially the lower gastrointestinal tract. Our products liability lawyers would be able to examine the BlendJet 2 product to assess if it is defective. We could determine if there was a defective design, defective manufacturing, or a failure to warn. If that is the case, this very well may trigger strict liability on behalf of the manufacturer.

Please visit our Products Liability practice area page for more information on our approach to defective product cases.

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Fatal Car Crash in Sanbornton:

The first fatal car crash occurred on December 15, 2023, in the southbound lane of I-93 in Sanbornton, NH. The victim was only a 24-year-old young man. His vehicle was disabled, and he pulled to the right shoulder of the road. He got out of his car to tend to his vehicle. At that time, another motorist veered outside of her lane and violently struck the disabled vehicle, and the victim.

The victim’s vehicle was propelled 20 feet down the embankment. The impact also sent car which caused the accident 100 feet across the median. The New Hampshire State Police responded to the scene. The victim was pronounced dead. The other motorist who caused the accident was arrested for DWI. She was a 38-year-old woman. Subsequently, the defendant was arraigned in Belknap Superior Court and was held without bail.

Fatal crash under investigation in Pinkham’s Grant (wmur.com)

Fatal Car Crash in Bedford:

The second fatal car crash occurred on December 21, 2023, in the southbound lane of Route 293 in Bedford, NH. This was a single car collision involving a motorist who drifted to the left and struck a guardrail causing her vehicle to spin out. The New Hampshire State Police responded to the scene. The motorist was not wearing a seatbelt and was pounced dead. Her passenger, fortunately, was wearing her seat belt and sustained physical injuries that required emergency room treatment.

Manchester woman not wearing seatbelt is killed in Bedford crash | News, Sports, Jobs – The Nashua Telegraph

Woman dies in car crash on I-293 in NH; passenger hurt (msn.com)

Links:

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Car Accident Lawyer FAQ | Granite Law Group (granite-law-group.com)

% New Hampshire Wrongful Death Lawyers | Granite Law Group (granite-law-group.com)

Keeping the Tradition Alive

The Winter Holiday Stroll, hosted by Great American Downtown, is a cherished tradition in Nashua. Attendees enjoyed new and familiar activities at the event, from meeting Santa to a candlelit stroll at City Hall Plaza. The event featured tree lighting, live music on ten stages, children’s train rides, and diverse food vendors. Additionally, the festivities included unique attractions such as axe-throwing contests, a car show, and a series of carnival games.

Connecting with the Community

The Nashua personal injury attorneys’ involvement in sponsoring such an event goes beyond mere financial support; it reflects their deep-rooted connection to the Nashua community. Importantly, by backing an event that brings joy and celebration to the city, they demonstrate an understanding of the importance of community spirit and togetherness, especially during the holiday season.

Furthermore, their sponsorship also signifies a broader commitment to the welfare of Nashua residents.

The firm’s involvement in the Winter Holiday Stroll is an exemplary case of a local business contributing positively to its community. It highlights the potential for businesses to play a significant role in community development and engagement. As a testament to their dedication to the city and its residents, Granite Law Group’s support for the Winter Holiday Stroll not only brought cheer to the event but also strengthened the sense of community in Nashua.

A Case of Severe Consequences

During a sleepover on January 1, 2022, the young plaintiff encountered the defendant’s Great Dane Mastiff. Surprisingly, despite being familiar with the dog, it brutally attacked the child. The dog caused serious injuries, including wounds to the face and hip, and other serious trauma. These injuries required emergency medical care and surgery and will likely require future plastic surgery.

New Hampshire Dog Bite Law: RSA 466:19

In New Hampshire, responsibility for dog bites is clear under RSA 466:19. This law holds dog owners responsible for damages caused by their pets. This law forms the foundation of our approach in seeking justice for victims of dog bites. Experienced New Hampshire dog bite attorneys must be familiar with this provision.

The Importance of Legal Representation

The complexities of dog bite cases, particularly in light of specific state laws like New Hampshire’s RSA 466:19, underscore the importance of having experienced dog bite lawyers on your side. Consequently, in this case, our team navigated the intricacies of state law, insurance policy limits, and the profound medical implications for our client. Our expertise ensured a settlement that fully covered the child’s extensive medical expenses, and accounted for his pain, suffering, and future needs.

Legal representation is crucial for several reasons:

Dealing with Insurance Companies:

Often, dog bite claims involve negotiating with homeowners’ insurance companies. Experienced dog bite lawyers can secure settlements that accurately reflect the severity of the injuries and the victim’s future needs.

Maximizing Compensation:

Skilled attorneys can ensure that the insurance companies fully compensate victims for their damages. Damages can include medical bills, emotional trauma, and future care needs.

Guidance Through the Legal Processes:

From case evaluation to negotiating settlements or representation in court, skillful attorneys guide victims through every step of the process.

Reflecting this, our successful settlement in this case is a testament to our commitment to providing compassionate, skilled legal assistance to those affected by such traumatic events. Our expertise in handling the complexities of dog bite cases ensures that our clients receive the justice and compensation they deserve.

Don’t face the aftermath of a dog bite alone.

If you or a loved one has been a victim of a dog bite, Granite Law Group is here to help. Contact us for expert legal advice and representation. We are committed to advocating for your rights and ensuring you receive the compensation you need to recover and move forward.

Reach out to Granite Law Group for the support and expertise of an experienced dog bite lawyer. Contact us today.

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The car accident lawyer collects all the medical records and bills when the client is done treating. Then he will draft a demand package to submit to the BI adjuster. The car accident attorney has a conference with the client before the demand is submitted. The discuss will include the case value, client expectations, and negotiation strategies.

It typically takes thirty days for the BI adjuster to review the claim and make an offer.

Ask a Car Accident Lawyer – 1 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

• Do I need an expert?

It depends. The patient is left with some degree of permanent partial impairment anytime a patient undergoes surgery. That is the case whether it’s an arthroscopic surgery or ORIF. There are many orthopedic experts that charge a flat fee to perform an independent medical examination (IME). During the IME, the expert will follow an algorithm and provide a permanent partial impairment rating. This gives an objective measure of how the claimant will be impacted for the duration of their lives.

Sometimes the patient has a permanent injury where surgery is not indicated. For example, we often see spine injury cases which are not severe enough to warrant a complex spinal fusion surgery. Nonetheless the patient will require years of pain management treatment with cortisone injections and ablations. An expert can likewise provide a permanency rating under these circumstances.

Ask a Car Accident Lawyer – 2 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

• Can I still recover if I have a pre-existing condition?

Sometimes the patient will have an extensive history of pre-existing conditions. The car accident lawyer can anticipate that the adjuster is going to relate the treatment to the pre-existing condition instead of the crash. The car accident lawyer can cut off those arguments with an expert report. Hopefully, the expert report indicates that the pre-existing condition was aggravated by the crash.

• What is the negotiation process like?

The negotiation process truly depends on the individual adjuster you’re dealing with. Some adjusters have reputations of being easy to work with and some are very difficult to work with. A supervisor reviews minor impact soft tissue (MIST) cases who gives the file to a junior adjuster. The junior adjuster has strict parameters that they must negotiate in. The junior adjusters are often difficult to deal with because they have no discretion. They also want to make a good impression on their supervisor. If they can settle the case for less than they were authorized to offer, this is called a take-down.

• How do policy limits factor into a negotiation?

The negotiation process also depends on how much coverage is available. If there’s a $100,000 policy, it’s generally easy to obtain the policy limits if the injury is major. The reason is because the adjuster has a fiduciary duty to settle the case within the insured’s policy limits. The individual insured in on the hook for any verdict over $100,000.

The insurance adjuster might not be too worried about an excess verdict on cases where there’s a higher policy ($250,000 or $500,000). They have a bigger cushion. Once the claim starts getting up into the six figures, you will see the adjuster pull back. They’re trying to test the resolve of the attorney. Are they really prepared to litigate this case?

A smart insurance negotiator is going to look for that sweet spot. They’re going to make an offer that is low enough to save money, but substantial enough that the claimant has to think about the likelihood he’s going to get a better result in court.

Ask a Car Accident Lawyer – 3 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

• What is a health insurance lien?

BI adjuster should compensate the claimant for pain and suffering, medical expenses, lost wages, etc. Since the settlement is based on medical expenses, the health insurance company views it as double dipping. If the insurance is public (Medicare/Medicaid), there is an automatic lien. Private insurance companies must assert a lien.

Anytime a medical provider agrees to accept insurance, the health insurance company can adjust down the bill. The patient is not responsible for the difference (only co-pays and deductibles). The adjustment is approximately 30-40 cents on the dollar.

The BI adjuster is responsible for paying the gross (total) amount of the bill before the adjustment. The health insurance company will get reimbursed for the 30-40% they paid. Additionally, the attorney is generally able to reduce the lien by 33%.

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Your car accident lawyer will mail a notice of representation to the other driver’s insurance company. This will trigger them to set up a bodily injury (BI) claim. The BI claim is different than the property damage claim. The BI is not responsible for paying for your medical expenses until it is time to settle.

Your health insurance carrier covers your medical expenses. They will also assert a lien on your case. If you have Medpay (in NH) or PIP (in MA), these must be exhausted before your health insurance kicks in. Medpay and PIP is through your insurance company.

Ask a Car Accident Lawyer – 1 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

In NH, Medpay is typically $5,000. The BI is responsible for covering your medical expenses regardless if Medpay covers a portion of your bills. Medpay does not get reimbursed.

In MA, PIP is $2,000 if you have private health insurance. PIP is $8,000 if you have public health insurance (such as Masshealth of Medicare). Unfortunately, the BI will reduce the settlement amount by how much they have to reimburse PIP. The exception is if you max out the BI policy, in which case, they cannot take a deduction.

• What should I do after my claim is set up?

You should follow your doctor’s medical advice. Your car accident lawyer is never going to encourage you to seek medical care that’s unnecessary. With that said, the squeaky wheel gets the grease. The claimants who do not pursue treatment are not going to have a compelling paper trail when it comes time to negotiate their claim.

Ask a Car Accident Lawyer – 2 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

Typically, the patient will present to their PCP after being discharged from the ER. The PCP will act as the gate keeper and funnel the patient to a specialist if they deem fit. If the PCP suspects that the injured are soft tissue, they will refer you to a course of physical therapy.

Ask a Car Accident Lawyer – 4 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

But what if the injuries persist after PT is completed? There are certain medical complaints that will trigger the PCP to order the necessary diagnostic testing. For example, if the patient can’t raise his arm over his head, that is an indication of a SLAP tear. This can only be diagnosed with an MRI. If the patient experiences numbness (radiculopathy) in his arms, that it is an indication of a cervical (neck) disc herniation. If the patient experiences radiculopathy in his legs, that is typically an indication of a lumbar (lower back) disc herniation. These too, can only be diagnosed with an MRI.

If the MRI is positive, the PCP will refer the patient to an orthopedist or a neurosurgeon.  

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According to our team of car accident lawyers, the police are going to ask you if you need an ambulance. You should request an ambulance. This will be your first opportunity to create a paper trail of what your injuries are. Also, when the insurance adjuster evaluates your claim, they give your injuries more weigh if you request an ambulance. If you don’t, you’ll hear from the adjuster “if the accident was so bad, why didn’t you request an ambulance?”

Ask a Car Accident Lawyer – 1 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

• What happens when you arrive at the ER?

The EMTs are going to transport you to a local emergency room. Once you get to the hospital, the staff is going to perform a triage. This means they are going to prioritize their patients by who has the more urgent/severe injury.

Once you are seen by the ER physician, you will receive an x-ray if they suspect you have a fracture. If they suspect you have a spine injury/brain injury, you will receive a CT scan. MRIs are a more sensitive diagnostic study that are generally not performed in an emergency room setting. An MRI will be performed in an out-patient setting, after discharge.

Ask a Car Accident Lawyer – 3 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

• How important is it to give a full history?

It is crucially important to give a full history of present illness when you speak with the hospital staff. Oftentimes patients learn months later that they sustained a torn ligament in your shoulder or knee. These injuries are diagnosed with MRI imaging. If the initial complaint is made contemporaneously, it’s easy to make a causal connection between the crash and the injury.

• Under what circumstances will I get admitted?

There are typically two situations where we see patients admitted to the hospital following a crash: (1.) If the fracture is displaced which will necessitate an emergency surgery to reset the bone with hardware. This is known as an open reduction with internal fixation (ORIF). (2.) If there is some type of brain hemorrhaging that will require you to be observed until the bleeding resolves. Otherwise, you will be discharged with a prescription for a muscle relaxant and instructed to follow up with your PCP.

Ask a Car Accident Lawyer – 4 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

If you do not request an ambulance, you should go to an urgent care or ER as soon as possible. The larger the gap in treatment, the greater the likelihood that the adjuster is going to disclaim subsequent treatment.

• What happens after the car accident as far as my vehicle is concerned?

Typically, you would contact your insurance company and set up a collision claim. An adjuster will appraise the damage to your car and you will receive a check to cover the repairs. If the other driver is at fault, his insurance is going to reimburse your insurance for the property damage. Sometimes your insurance company gets lazy and will suggest that you deal directly with the other insurance company. That is not a good idea because your goal be to get your car repaired as soon as possible.

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According to our car accident lawyers, you should always call 911 after a car accident. A police officer is going to get dispatched to the crash scene when you call 911. Once the officer arrives, he is going to create two documents: a Crash Exchange Form and a Police Report.

Ask a Car Accident Lawyer – 2 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

• What are the two different police forms?

The Crash Exchange Form includes the name and address of both parties as well as the name of the insurance carriers. The officer will provide both parties with a copy of the form at the scene. This form will tell your car accident lawyer what insurance company he’s going to be dealing with. He will know where the defendant needs to be served with a Summons and Complaint if he needs to file a lawsuit.

Ask a Car Accident Lawyer – 3 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

The Police Report is going to include a narrative of how the crash occurred and who’s at fault. The officer is going to base those determinations on his conversations with the parties at the scene. The officer is going to type up the report once he returns to the police station. This form is important because the insurance adjuster is going to defer to the police officer’s opinion concerning who’s at fault. Our car accident lawyers explain that, while the officer’s opinion is not dispositive, it is going to have a serious impact on whether the insurance adjuster accepts liability. This is crucial when it comes time to negotiate the claim.

• What’s is the risk of not having a police report?

The police officer will not respond and neither of these forms will be created if 911 is not called. The insurance adjuster is going to have to weigh who’s telling the truth. The case becomes a “he said, she said.” It has been our experience that the driver is much more likely to lie to his insurance adjuster than to the responding police officer’s face.

• Should I take photos at the scene?

You should always take photos at the scene. Documenting the point of impact is very important because your car accident lawyer can use that evidence to reconstruct the crash. The point of impact photos are objective proof of how the crash occurred if the case is a “he said, she said.”

Ask a Car Accident Lawyer – 4 | Nashua Personal Injury Lawyers Blog | December 6, 2023 (granite-law-group.com)

If you forget to take photos, rest assured that your property damage adjuster is going to take his own photos. Photos will be taken as part of the repair estimate. The defendant’s vehicle is also going to be photographed. However, you’re not entitled to those photos during the insurance claim portion of the case. You’re only entitled to them in litigation. So, it is a good idea to take photos of the defendant’s car at the scene.

• How can photos prove who’s being truthful?

It is also important to photograph the final position of both vehicles. Just like the point of impact, the location of where the vehicles came to rest speaks volumes about how the crash occurred. Unless the crash is catastrophic, the responding officer rarely takes photos. Police photos are only taken if an accident investigator needs to examine the scene.

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The purpose of these systems is to document how a crash occurred, to ensure that the driver is utilizing the most efficient route of travel, and to confirm that the driver is complying with Federal Motor Carrier Safety Act (FMCSA) hours of services regulations.

Truck accidents account for a high percentage of fatal collisions according to Department of Transportation data. Nashua Truck Accident Lawyers | New Hampshire Trucking Injury Attorneys Granite Law Group (granite-law-group.com) Since the stakes are high, one can assume that a seasoned defense attorney is going to defend the trucking company in a major crash. This defense attorney is going to work with these camera systems and GPS systems if they exculpate their client.

Collecting the Data:

But what if the systems prove that the driver was negligent?

A savvy truck accident attorney who represents injured parties should know what records, documents, video, etc. are available. The type of technology that these trucking companies possess is not intuitive. Most inexperienced attorneys are not going to know what materials to even request in discovery. Failure to obtain these materials may cause a client to lose their case. It may very well contain a smoking gun. Unless it is explicitly requested in discovery, the defense attorney is going to conceal that information.

Advances in AI Technology:

In the modern era of artificial intelligence, there is even more technology that the trucking industry is using which truck accident lawyers must be aware of. Samsara has recently rolled out an artificial intelligence platform that connects with the onboard camera and GPS systems. The AI then provides in-cab audible coaching instructions to the driver. The AI also sends contemporaneous notifications to the company headquarters.

If the driver is texting while driving, the system will tell him to put his phone away and will inform his superiors. The same goes for a driver who fails to stop at a stoplight. Or if the driver is operating his vehicle more than the FMCSA hours of service regulations. Artificial Intelligence adapts on the road (foxbusiness.com)

Our truck accident lawyers explain that AI will undoubtedly leave a digital paper trail of these audible instructions. Even if the trucking company claims that they do not have any physical records to produce, the metadata will be memorialized. The truck accident attorney can retain a digital forensic expert to pull the metadata off a hard drive.

Electronically Stored Information:

Different jurisdictions have different rules governing access to metadata, or electronically stored information (ESI). Generally, issues associated with ESI are not litigated at the state court level. However, the Federal Rules of Civil Procedure (Rule 34) have specific rules that outline how to deal with ESI discovery. Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes | Federal Rules of Civil Procedure | US Law | LII / Legal Information Institute (cornell.edu)

Given that trucking cases deal with a corporate defendant, which may trigger diversity of citizenship if the corporate defendant has an out-of-state principal office, truck accident lawyers should not shy away from bringing a case in federal court if they believe the retrieval of ESI is going to be a hot button issue in their case. 28 U.S. Code § 1332 – Diversity of citizenship; amount in controversy; costs | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

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The event was moderated by Michael Conley, a well-respected trial attorney at Kenny & Conley. Personal Injury Attorneys Braintree, MA | Home | Kenney & Conley (kenneyconley.com) The panel consisted of trial attorneys who had experience picking juries across multiple jurisdictions. These included Massachusetts, New Hampshire, Connecticut, and New York.

Primarily, the seminar addressed arguments for and against Panel Voir Dire. The process is relatively new to Massachusetts but is common practice in New Hampshire. Panel Voir Dire was authorized by Massachusetts Superior Court Rule 6 in 2015 and has since been codified under M.G.L. 234A § 67A. A thorough reading of these two laws should be undertaken.

Superior Court Rule 6: Jury selection | Mass.gov

General Law – Part III, Title II, Chapter 234A, Section 67A (malegislature.gov)

Panel Voir Dire Process:

The jury selection process for Panel Voir Dire involves sitting approximately 20 – 24 potential jurors in the jury box. Each side is then given approximately 20 minutes to pose questions to the entire panel. In a civil Superior Court case, each side is permitted an unlimited number of challenges “for cause” (if the juror simply cannot be fair and impartial) and 4 “pre-emptory” challenges (for any reason). If a juror is not challenged, they are seated on the jury until 12 jurors are selected with an additional 1-2 alternates.

In a Massachusetts Superior Court civil case, there must be a verdict of at least 10 out of 12 jurors. The plaintiff’s burden of proof is “by a preponderance of the evidence.” In a Massachusetts Superior Court criminal case, there must be a unanimous verdict of 12 out of 12 jurors. The prosecutor’s burden of proof is “beyond a reasonable doubt.” The legal definition of “by a preponderance of the evidence” is “more likely than not.” This is a lower standard than “beyond a reasonable doubt.”

According to Rule 6, Panel Voir Dire can only occur if the proponent files a pre-trial motion in limine. Judges are given broad discretion to oversee the mechanics of Panel Voir Dire and what lines of questioning are permissible.

The jury selection process for Panel Voir Dire is markedly different than individual conducted voir dire. Individual conducted voir dire involves asking each individual juror questions at sidebar (up by the judge’s bench). The theory is that jurors are going to be more forthcoming if they’re given some privacy to express their opinions.

Pros and Cons:

So what are the arguments for and against Panel Voir Dire? Proponents of this jury selection process point to the attorney’s ability to build rapport with the potential jurors. This is done through the facilitation of a group discussion. Once the more vocal jurors begin sharing their opinions, the group begins to loosen up. This lends itself to a more open discussion. The attorney can also piggyback off the more opinionated answers and ask other jurors if they agree or disagree. Finally, the process is much quicker and more efficient. Typically, the jury will be selected by the end of the morning court session.

Critics of the process point to the risk that a potential juror will blurt out an answer that is wildly biased. This could poison the opinions of the other jurors. Some judges are reticent to allow an inexperienced attorney to conduct Panel Voir Dire because they might ask an inappropriate question. This could poison the jury as well. An example would be if the attorney starts discussing the facts of their case to indoctrinate the jurors before the evidence comes out.

Panelist Consensus:

The panelists responded to these concerns. They agreed that the utility of knowing which jurors hold biased opinions outweighs the risk of the other jurors being influenced by a rogue answer. The panelists determined that no one is likely to have their opinion changed in the moment. Moreover, there is nothing that the opinionated jurors were going to say in jury selection that they would not say during deliberations. So, it was better to know who was going to be dangerous to their case upfront.  

The panel also discussed that it was important to see the potential jurors interact as a group. Who was going to be a leader, follower, or contrarian? These archetypes are easier to spot during a group discussion.

Ultimately, the presenters agreed that Panel Voir Dire is the preferred jury selection process. They encouraged their peers to pursue the process so it becomes normalized within the judiciary.

General Law – Part III, Title II, Chapter 234A, Section 67B (malegislature.gov)

General Law – Part III, Title II, Chapter 234A, Section 67D (malegislature.gov)

Nashua Personal Injury Lawyers | New Hampshire Car Accident Attorneys | Granite Law Group (granite-law-group.com)

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If this sounds like something you have experienced, you should be considering filing a personal injury lawsuit in 2023. It’s essential to be prepared with all the necessary steps to ensure your case is successful. Working with a Granite Law Group personal injury lawyer can help you understand the process and ensure you have taken all the required steps to get the best possible outcome for your claim. To help you get started, Granite Law Group, a team of award-winning personal injury lawyers based in Nashua, has carefully crafted a comprehensive checklist of items to consider when filing a personal injury lawsuit in New Hampshire.

Step #1: Know the Statute of Limitations

Regarding personal injury law in New Hampshire, it is crucial to know the statute of limitations. The statute of limitations sets a specific time period for a person to file a lawsuit and seek damages for a personal injury claim. Generally, the statute of limitations for filing a personal injury lawsuit in New Hampshire is three years from the date of the injury or when the injury was discovered. If you do not file a lawsuit within three years of the injury or when it was discovered, you may be barred from filing a claim and receiving compensation for your injuries. Therefore, knowing the statute of limitations for personal injury claims in New Hampshire is vital before filing a lawsuit.

Step #2: Gather All Relevant Documentation

When preparing a successful personal injury law case, having the right documents can make all the difference. Not having proper documentation can make or break your case. It’s important to compile as much evidence as possible to support your claim and prove that another party is at fault. This may include medical records, police reports, photos of the accident scene, eyewitness accounts, and any other supporting evidence. Make sure that you keep copies of all of your documents in an organized manner so that they are easy to reference when needed. Having all of this information in one place will make it easier for your attorney to present a strong argument when representing you in your personal injury law case. You should also make sure to document your damages and any financial losses you may have suffered as a result of the incident, like medical bills and lost wages. A Granite Law Group personal injury attorney will help you gather the necessary documentation related to your injury. Having all the relevant documents ensures that your personal injury case is as strong as possible.

Step #3: Work with an Experienced Attorney

If you believe you have a personal injury case, it is important to speak with an experienced attorney as soon as possible. Our attorneys will be able to review all documentation pertaining to your claim and advise you on the best course of action. Granite Law Group will review all relevant documents to the case and provide a professional opinion on whether there is enough evidence for a successful claim. If it is determined that there is a valid claim, the attorney can offer guidance and support throughout the process. Additionally, the attorney can assist with filing paperwork, negotiating a settlement, and representing the client in court.

It is important to keep in mind that not all attorneys are created equal, so it is important to work with a firm that specializes in personal injury law. At Granite Law Group, our Nashua personal injury lawyers focus on personal injury law and medical malpractice lawsuits. We pride ourselves on being knowledgeable and trustworthy in all aspects of client relations. By speaking with one of our experienced attorneys, we can determine if you have a viable personal injury case, and you will better understand the legal process. With the proper representation, you can ensure that your case is handled efficiently and that all necessary steps are taken to maximize your potential compensation.

Step #4: Be Prepared to Go to Court

If a settlement is not reached between you and the liable party, taking the case to court may be necessary. The process of going to court for a personal injury case can vary depending on the specific situation but typically includes filing documents with the court, responding to requests from the other party, and presenting evidence and witnesses in court.

Before appearing in court, it is crucial to be well-prepared. At Granite Law Group, our Nashua personal injury lawyers take all the evidence we collected, such as medical reports, police reports, and witness statements, to use as evidence to fight your case. Next, we prepare for cross-examination of witnesses by ensuring we know the facts of your case inside and out. It is also essential to be aware of the deadlines associated with filing paperwork and serving documents — Your Granite Lawyer will be on top of this from start to finish!

Once all paperwork is filed, a date will be set for the trial. On the day of the trial, our attorneys bring any relevant documents that the judge or jury may need to see. During the trial, both sides will make their case and present evidence and witnesses. The judge or jury will then decide whether or not the liable party is responsible for the damages caused. Going to court can be intimidating, but having the right attorney on your side can make all the difference.

At the Granite Law Group, we understand how devastating an injury can be, and we want justice for our clients. We are dedicated to fighting for your rights and getting you the best outcome possible. Our experienced attorneys can help you understand your rights and determine if you have a viable claim. Contact us today at (603) 883-4100 for a free consultation and let us help you pursue justice and compensation for your injury.

The Granite Law Group is here to provide you with a comprehensive understanding of your options if you are looking to take legal action as a result of being misdiagnosed by a doctor in New Hampshire.

What Is Misdiagnosis? How Does Misdiagnosis Happen?

Misdiagnosis occurs when a healthcare provider incorrectly diagnoses a medical condition or illness. This could mean diagnosing a patient with a condition they do not have, failing to diagnose a condition that the patient actually has, or giving the wrong diagnosis. Misdiagnosis can be a result of misinterpreting lab results, overlooking symptoms, failing to order the appropriate tests, not recognizing complications, or simply making an incorrect diagnosis. It is important to note that some degree of misdiagnosis is to be expected. Doctors are human, after all, and no doctor can be 100% accurate in every diagnosis. As such, there needs to be some allowance for medical errors when determining if a misdiagnosis has occurred.

When diagnosing an illness or condition, doctors must rely on their experience, expertise, education, and training. Additionally, they must consider all available information, including patient history, physical examinations, laboratory test results, and imaging results.

In some cases, a misdiagnosis can occur if the doctor does not take the time to thoroughly review all available evidence before making a diagnosis. Additionally, mistakes can happen when a doctor does not ask enough questions or does not provide adequate follow-up care. In other cases, the problem may be due to medical negligence or carelessness. Finally, advances in medical technology and procedures can sometimes lead to misdiagnosis. Inaccurate tests or misinterpreted results can lead to incorrect conclusions about a person’s health. Similarly, new diseases or conditions may be mistaken for something else or may be difficult to diagnose at first.

When a misdiagnosis by a doctor occurs, the consequences can be dire, especially if the correct diagnosis is delayed or overlooked. This can lead to delayed treatment and an incorrect course of action, potentially resulting in serious injury or even death. For this reason, it is essential that healthcare providers take the necessary steps to ensure accurate and timely diagnosis of their patients’ conditions. In some cases, misdiagnosis may be considered medical malpractice if the healthcare provider’s negligence resulted in harm to the patient. If you believe you have been misdiagnosed and suffered harm as a result, you may be able to file a medical malpractice lawsuit.

What Are The Consequences Of Misdiagnosis?

Misdiagnosis can have devastating consequences for patients. It is estimated that approximately 12 million adults are misdiagnosed in the United States each year, with around 10 percent of those misdiagnoses having serious, long-term health implications or even resulting in death.

The consequences of misdiagnosis by a doctor can vary depending on the nature of the incorrect diagnosis and how it is treated, but they may include:

• Prolonged suffering: The patient may suffer from their underlying condition for longer than necessary if the correct diagnosis is not made.
• Missed opportunities to treat the illness: If the correct diagnosis is delayed, the patient may miss opportunities to treat their condition before it progresses to a more serious stage.
• Worsening of symptoms: If the incorrect diagnosis is treated, the patient’s symptoms may worsen instead of improving.
• Unnecessary medical treatments: When misdiagnosis occurs, a patient may undergo treatments that are unnecessary or even detrimental to their health.
• Injuries caused by medical mistakes: Patients may suffer injuries as a result of being given the wrong medication or undergoing the wrong type of surgery due to a misdiagnosis.
• Death: Misdiagnosis can be fatal in some cases, especially if the patient’s condition progresses beyond the point where it can be effectively treated.

When a patient is misdiagnosed by a doctor in New Hampshire, it is important for them to seek legal advice about whether filing a medical malpractice lawsuit is an appropriate course of action.

What Are The Steps In Filing A Medical Malpractice Lawsuit For Misdiagnosis?

If you feel that you have been misdiagnosed by a doctor in New Hampshire, you may want to consider filing a medical malpractice lawsuit. Medical malpractice is defined as a form of professional negligence and it occurs when a healthcare provider, such as a doctor, fails to provide adequate care or treatment that causes injury or death to the patient. It’s important to understand the steps involved in filing a medical malpractice lawsuit before taking action.

Step 1: Contact an Attorney – The first step in filing a medical malpractice lawsuit is to contact an experienced medical malpractice attorney who can review your case and advise you of your legal options. An attorney at Granite Law Group can determine if you have a legitimate claim and guide you through the process.

Step 2: Review Records and Obtain Expert Testimony – A medical malpractice lawsuit requires proof that the healthcare provider was negligent in their care of the patient. Your attorney will review your medical records and enlist the help of an expert witness, such as a physician, to provide testimony as to whether or not negligence occurred.

Step 3: Prepare and File the Complaint – Once it has been determined that negligence occurred, your attorney will prepare and file a complaint with the court. This document will outline the facts of your case and explain why you are entitled to damages.

Step 4: Negotiate a Settlement or Litigate – After the complaint has been filed, your attorney will attempt to negotiate a settlement with the defendant (the healthcare provider). If a settlement cannot be reached, your case may be litigated in court.

Step 5: Seek Damages – In a medical malpractice lawsuit, the plaintiff (you) is seeking damages for any physical, emotional, or financial losses they have incurred due to the negligence of the healthcare provider. These damages may include compensation for pain and suffering, medical expenses, lost wages, and other costs related to the misdiagnosis.

Filing a medical malpractice lawsuit for misdiagnosis by a doctor in New Hampshire is a complex process that should be handled by an experienced attorney. However, with the proper guidance and representation, you may be able to receive compensation for any losses you have suffered due to medical negligence. Our lawyers at Granite Law Group are always dedicated to seeking justice for our clients. Call us at (603) 883-4100 to schedule a consultation today.

Gather Evidence

Gathering evidence is essential to prove that you are not at fault in a car accident. This could include photos of the scene, statements from witnesses, and medical records if a personal injury has occurred. It is also essential to keep track of any medical bills or receipts related to the accident. You should contact a personal injury law firm or lawyer as soon as possible to ensure all evidence is collected and appropriately documented. At Granite Law Group, we specialize in car accident cases, and our lawyers can advise on how to proceed with gathering evidence and the best way to prove your case.

Speak to Witnesses

If you are involved in a car accident, it is important to get witness statements. Typically, the responding police officer will take these witness statements. Witnesses can provide valuable information that helps determine who was at fault for the accident. In addition, the testimony of witnesses is often essential in personal injury lawsuits when deciding who was at fault for an accident.

We advise anyone to speak to witnesses as soon as possible after an accident to ensure that their memories are still fresh. Witnesses can provide valuable evidence and testimony that can help prove that you were not at fault for the accident and provide more clarity on what occurred. If there are no other witnesses to the accident, you should also document any damage to your car or any injuries you may have suffered as evidence of what happened during the crash.

When speaking to witnesses, document their full name and contact information so that you or your personal injury lawyer can follow up with them later if needed. Be sure to ask questions such as who they saw driving, where they saw the accident take place, and what exactly they remember seeing during the incident. It is important to ask open-ended questions so the witness can elaborate on their answers and provide more information.

Get a Police Report

A police report is a key piece of evidence in any car accident case, and it is imperative that one is obtained following the incident. This report will include contact information for everyone involved in the accident, including witnesses, and it will also contain a detailed account of the accident itself and what happened prior to the event.

One of the most important reasons to secure a police report is to establish proof that you were not at fault. This legal document can help determine liability for damages or injuries caused by the accident, so if you can prove your innocence, you can avoid responsibility for the incident.

If you wish to obtain a police report, contact the local police department where the accident took place. Provide them with all of the necessary information, including a detailed description of the incident and the time and location of the accident. Upon completion of the forms and giving them all the pertinent information, the police department will generate a report. Be sure to keep a copy for your own records and provide your lawyer with a copy as well.

Getting a police report is crucial to ensuring your rights are safeguarded and your interests are protected. This document verifies that the accident did indeed take place and that everyone involved was correctly identified. Additionally, it contains an accurate account of the incident and can be used to prove that you were not responsible. Therefore, having a police report and providing it to your attorney will greatly strengthen your case and increase your chances of proving your innocence and avoiding liability in a car accident case. For this reason, make sure to get a police report following any car accident you may be involved in.

Hire an Attorney

When you’re confronted with a car accident lawsuit, securing the services of a qualified personal injury attorney is critical. Granite Law Group, we’ll provide you with sound legal counsel and direction regarding the best steps to take with your claim, as well as dealing with insurance companies. Our attorneys deeply comprehend the law and can apply it to your particular case. Furthermore, they’ll make sure that all the paperwork is correctly filed and guard your rights during the entire procedure.

Moreover, our attorneys can assess your case’s specifics and evaluate whether any negligence was involved. To clarify, we can prove if someone else is responsible for your car accident and how much compensation you could be eligible for.

Also, due to their experience in dealing with insurance firms, attorneys can help you get the highest settlement value. Your attorney can assess any offer the insurer provides and counsel you on the best strategy. Employing an experienced personal injury lawyer is the best way to establish you are not at fault for a car accident. They will have a strong comprehension of the law and can supply experienced legal advice. Additionally, your attorney can battle for your rights and help you obtain the reimbursement you are entitled to. Call Granite Law Group today at (603) 883-4100 for a free consultation!

A Deep Dive Into Medical Malpractice Lawsuits

Medical malpractice is a type of professional negligence that can result in serious injury, illness, or death to patients. It can also take many forms. Common types of medical malpractice include surgical errors, misdiagnosis or delayed diagnosis, failure to diagnose, birth injury, prescription errors, emergency room treatment errors, and hospital negligence. Let’s dive into the specifics of each medical malpractice suit we represent.

• Surgical errors are common malpractice injuries caused by mistakes made during a surgical procedure that could have been avoided through proper training, protocol, and execution.
• Misdiagnosis or delayed diagnosis occurs when a diagnosis is correct but did not occur in a timely manner, as seen often in emergency medicine when face-to-face time is minimal and physicians are unaware of the patient’s history.
• Failure to diagnose is a form of medical malpractice in which a doctor fails to determine the nature of a medical problem.
• Birth injury refers to an injury or condition caused by medical negligence during childbirth or pregnancy, often caused by preventable medical errors made by doctors or other healthcare professionals.
• Prescription or medication errors occur when a patient is given the wrong medication or the wrong dosage of medication. When a preventable event causes or leads to inappropriate medication use or patient harm while the drug is controlled by the healthcare professional, patient, or consumer.
• Emergency room treatment errors involve a breach of the patient’s standard of care. Malpractice in emergency room errors constitutes the same elements as standard malpractice.
• Hospital negligence is medical malpractice that occurs when a doctor, healthcare professional, hospital, or other healthcare facility fails to care for someone according to the medical profession’s accepted standards, and the person is injured, becomes ill, or has a condition or illness that worsens as a result.

The above situations highlight the severity of medical malpractice, so it is imperative to seek representation if any of these events occur.

Choose an Attorney with Justice in Mind

When you have been the victim of medical malpractice, finding a great attorney who can provide skilled legal guidance and help you seek the justice you deserve is paramount. An experienced lawyer will be able to assess your case, advise you on the best course of action, and represent you in court proceedings. It is also essential to choose an attorney who specializes in medical malpractice law.

At the Granite Law Group, we understand that medical malpractice lawsuits can be complex and intimidating. That is why we provide personalized legal representation that is tailored to fit the unique needs of each client. Our team of attorneys has decades of experience handling medical malpractice cases and a deep understanding of the complexities of New Hampshire law. We are dedicated to helping you seek restitution for the negligence or misconduct of doctors and other medical professionals. We strive to provide the highest level of service possible, listen to your story, understand your situation, and ensure you receive the compensation you deserve.

When you place your trust in a doctor or medical professional, and that trust is violated, do not hesitate to call on us. Let our medical malpractice lawyers use their experience and knowledge to fight for your rights. Contact the Granite Law Group today at (603) 883-4100 and get started on your path toward justice.

A catastrophic injuries suit can be a powerful tool for victims to seek justice and obtain compensation for the physical, emotional, and financial damages they have suffered. Taking legal action can help victims find their voice and empower them to reclaim control over their lives. We will dive into what a catastrophic injuries suit is, the benefits it can offer, and how victims can access it.

Defining a Catastrophic Injury Suit

Injury lawyers file catastrophic injury lawsuits on behalf of victims who have suffered permanent, debilitating injuries. By definition, a catastrophic injury is a physical or mental damage that restricts a person’s employment and other activities for the rest of their life. These injuries are exceptionally painful and difficult to recover from and can permanently decrease the quality of a person’s life. Unfortunately, such life-changing events are experienced all too often, with car crashes, explosions, physical assaults, slips & falls being a few of the leading causes of catastrophic injuries.

They often lead to complications that require expensive medical care and treatment for an extended period. Often, damages caused by the negligence or intentional wrongful act of another are permanent injuries – like an unsafe construction site that leaves a worker paralyzed. As a result, this is a driving factor in an award of general damages. Granite Law Group lawyers can help victims seek justice and financial compensation in the form of a structured settlement from a negligent party to help them with medical expenses and other losses related to their injury.

Who Can File a Catastrophic Injury Lawsuit?

We represent clients suffering from a variety of catastrophic injuries at Granite Law Group. These can include spinal cord injuries, brain injuries, nerve damage, amputations, paralysis, internal bleeding, permanent disability, birth injuries, head injuries, loss of sensation, loss of motor functions, and more. Let’s explore many of the different types of catastrophic injured:

• Spinal cord injuries can cause permanent damage to the bundle of cells and nerves that sends and receives signals from the brain to and from the rest of the body.

• Brain injuries are traumatic injuries to the brain. Such a term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but it may consist of brain injuries caused by anoxia due to near drowning or other external force.
• Nerve damage refers to an injury occurring to a person’s nerves — usually resulting from cutting the nerve, too much pressure on the nerve, or stretching the nerve.
• Amputations include a part, such as a limb or an appendage, that was severed, cut off, or amputated (either completely or partially), ranging from fingertip amputations to medical amputations resulting from irreparable damage.
• Paralysis can result from an injury to the spinal cord, causing the victim to lose their ability to move or control part of their body.
• Internal bleeding occurs when a blood vessel ruptures and blood leaks inside the body.
• Permanent disability is a physical or mental impairment that diminishes a worker’s ability to perform everyday activities.
• Birth injuries can be caused by medical malpractice, resulting in harm to an infant as they are born.
• Head injuries are injuries to the head and include concussions, contusions, intracranial hematomas, and skull fractures.
• Loss of sensation can manifest as numbness or loss of feeling in a part of the body. Numbness can occur along a single nerve on one side of the body or symmetrically on both sides.
• Loss of motor functions may result from diseases of the muscle itself, diseases of the area where the muscle and nerve meet, or diseases of the nervous system such as nerve damage, spinal cord injury, or brain damage.

In all these cases, it is crucial to consult an experienced injury attorney to determine your legal rights and options – Granite Law Group is eager to fight for your case.

Seeking Representation for Catastrophic Injuries Lawsuits

Injury lawyers are the advocates of the injured, and their expertise in the field of catastrophic injuries is essential in helping victims receive fair compensation. At the Granite Law Group, we understand the serious, long-term consequences of these injuries, and our attorneys will fight to ensure you receive the best possible outcome. An injury lawyer can review the details of your case to help determine if you have a viable claim. For example, suppose you can prove that another person’s negligent actions directly resulted in your injuries – like an unsafe construction site where a worker falls and becomes paralyzed on the job. You can not only recover compensation for your pain and suffering, medical bills, ongoing treatment expenses, medication, adaptive equipment, and lost wages, but also for your overall decreased quality of life and emotional distress.

Granite Law Group’s experienced injury lawyers are committed to fighting for justice for the injured. We understand the physical, emotional, and financial toll these injuries take on individuals and their families. We strive to provide our clients with the best legal representation possible when a catastrophic injury occurs. Let us be your voice — If you or someone you love has suffered a catastrophic injury, contact one of our experienced injury lawyers to learn more about your legal options by calling (603) 883-4100.

The atrocities that occurred at the Youth Development Center (YDC) and Sununu Youth Services Center (SYSC) in New Hampshire are incomprehensible. Over several decades, from the 1960s until recently, hundreds of young victims who were abused, neglected or incarcerated and placed in this facility have been bravely stepping forward to reveal the horrifying abuse they suffered. These acts of cruelty were perpetrated against the minors who resided at various institutions throughout New Hampshire, including the Youth Development Center, also known as the Sununu Youth Services Center, the State Industrial School, the Philbrook School, the Tobey Special Education School, and the Youth Services Center.

Following the revelation of these appalling conditions, the state of New Hampshire has taken steps to settle claims with those who were impacted. In a groundbreaking settlement process, a streamlined system has been implemented to aid victims in receiving cash compensation for the harm they endured. The process is initially funded with an allocation of $100 million, with additional funds to be made available if necessary.

Are you eligible to receive YDC Lawsuit compensation?

With the creation of the YDC fund, victims are now able to seek justice and be compensated. If you were a former New Hampshire YDC or SYSC resident who experienced any type of sexual or physical abuse by a staff member or person that was instructed by the staff you might be eligible to file a claim.

Remember, unlike a lawsuit, there is no time limit (statute of limitations) on claims in the YDC Settlement Process. That means you qualify, even if you were abused decades ago. So you can still do something now to get your share of the settlement.

Settlement or litigation—which makes the most sense?

Knowing the ins and outs of complex litigation, we know the toll it can take on the victims and the families. For this reason, we are in a unique position to help you evaluate whether filing an individual lawsuit with the court or participating in the YDC settlement fund makes sense for you. Some of the options to consider are as follows:

Time: According to the fund’s guidelines, victims will receive a complete and satisfactory resolution within one year. In contrast, those who file individual lawsuits with the court might not get a trial date for two to three years.

Compensation: The YDC settlement fund places a $1.5 million cap on damages for sexual assault cases and a $150,000 cap on damages for physical abuse cases. Normally, for individual cases against the State that are filed in court, there is a $475,000 cap on damages per claimant, regardless of the damages claimed.

Stress: Going to trial, means most certain that you will be under scrutiny of the courts and once again, have to recount your traumatic experience. While the settlement process would not be as arduous or public. It appears that the Attorney General’s Office, which has been appointed to evaluate YDC claims, intends to operate in good faith and with a mind towards effectuating a just result provided the claims can be appropriately verified.

Why choose Granite Law Group?

We know you have already suffered serious and catastrophic injuries, which is why you need a law firm who will be respectful to your extensive circumstances and help you through this traumatic time. Granite Law Group® has the necessary resources, hands-on experience to ensure you get fairly compensated. Our lawyers are always dedicated to going that extra mile. Call us at (603) 883-4100 to schedule a consultation today.

What Constitutes a Wrongful Death Lawsuit?

When the death of an individual is caused by the careless, reckless, or deliberate actions of another person, their surviving family members or dependents may file a wrongful death suit in civil court. This allows families to seek justice for their loved one’s death by seeking damages such as medical bills, lost wages, and emotional suffering. It is important to note that a wrongful death lawsuit is not a criminal charge and does not always result in jail time for the defendant. Instead, the purpose of this type of lawsuit is to compensate the surviving family members for the losses associated with the death of their loved one.

Why Do Families File Wrongful Death Suits?

Families of those who have lost their lives due to the negligence or intentional harm of another individual, company, or organization have the right to seek justice and compensation for their loved one’s death. In many cases, wrongful death lawsuits can help bring closure to the victims’ families by holding the responsible parties accountable and providing financial compensation for medical bills, funeral expenses, and loss of income.

When the law fails to incarcerate a wrongful death lawsuit can also provide closure for families with unanswered questions about their loved one’s death. When faced with a tragedy like this, seeking answers and a sense of closure is natural. Wrongful death lawsuits can help provide both by uncovering the truth behind the incident and seeking justice for your loved one.

At Granite Law Group, we understand how difficult this time can be for families. That is why we take great care to provide compassionate representation and aggressive advocacy to our clients as they fight for justice in wrongful death lawsuits. We understand the legal complexities of wrongful death claims and work tirelessly to ensure our client’s rights are fully protected.

How Can a Wrongful Death Lawyer Help?

Our team of accomplished litigators has decades of experience in making a wrongful death claim. The lawyer can guide the surviving family members through the legal process, ensuring they understand their rights and how to make a claim for damages. They will also advise on the various types of damages available to the family and help them assess whether they are eligible for such damages.

When making a wrongful death claim, the lawyer will help gather evidence proving that a wrongful death occurred. This includes medical records, witness statements, and any other relevant information. Following this, the lawyer and family will talk, to not just understand the death but the extent of the damages that have been insurmountable. We will collaborate to evaluate which forms of reparation can be claimed, including financial losses such as earnings or healthcare bills, as well as non-monetary losses such as the lack of companionship or mental suffering.

The lawyer will also help the family file the claim and represent them in court if necessary. They will negotiate with the responsible party to reach an appropriate settlement or work to secure compensation through a jury verdict if needed. Granite Law Group will handle all aspects of the case, including filing paperwork, appearing in court, and negotiating with the defendant’s legal team.

We have seen this type of loss tear families apart and cause distress that is irreversible. A wrongful death lawyer is invaluable in helping families seek justice after losing a loved one to aid in their healing. They can ensure that the family is adequately compensated for their loss while providing peace of mind during this difficult time.

It is our mission to fight for the rights of our clients. Let us be your voice! Call (603) 883-4100 for more information.