Recent Blog Posts

Back Injuries

New Hampshire Personal Injury Attorney — Mon, 13 Feb 2012 20:05:00 GMT

Car accidents, worksite injuries, slip and falls, and motorcycle accidents are just some of the ways that people receive back injuries. They can also occur when you lift an object that is too heavy or preform a task that you are not used to doing. The back is made up of bones, discs, ligaments, muscles, and nerves. Even a seemingly minor accident can cause long-term pain and even permanent disabilities. Possible damage includes:

Muscle sprains
Spine fracture
Dislocation
Ruptured disc
Nerve compression

Especially in regards to workplace injuries, one cause of back trouble is overuse injuries. These can be caused by performing the same task over and over. Companies may increase the chances of this happening to their employees if they do not train them properly or provide them with adequate protective equipment. Sometimes back injuries will heal on their own with rest, but sometimes the damage is permanent. In either case, you may be forced to take time off of work to recover. A New Hampshire injury attorney could help you determine whether you have a case and also discover who is liable. Contact a New Hampshire injury attorney to learn more.

Liquor Liability & Dram Shop Laws

New Hampshire Injury Lawyer — Wed, 08 Feb 2012 20:04:00 GMT

When it comes to underage drinking, driving and driving, or other alcohol-related offenses, the individual consuming or purchasing the alcohol is not the only one that could be to blame. Every state in the U.S. has specific laws in relation to the liquor seller. Dram shop is a legal term that is used to describe an establishment that sells alcoholic beverage (bar, restaurant, tavern). The New Hampshire Dram Shop Act can make a liquor licensee or their employee liable if they were negligent in who they sold alcohol to. For example, if they did not ask for identification and sold alcohol to a minor, they could be responsible. Not only that, but if it can be proven that they sold alcohol to someone who had clearly already drank too much, any further incident caused could be their responsibility.

A New Hampshire injury attorney from the Mulvey Professional Association could investigate your case if you believe that you or a loved one suffered because an establishment did not follow these guidelines. You could have been hospitalized for alcohol poisoning or gotten into an accident because they sold you alcohol when you clearly had had too much. For a free consultation, contact a New Hampshire personal injury lawyer from our team today.

2006 Motorcycle Accident Victim Dies of Complications

New Hampshire Personal Injury Attorney — Tue, 12 Apr 2011 18:23:00 GMT

A woman who was severely injured during Motorcycle Week in 2006 and relearned how to speak following the accident died recently of complications caused by the motorcycle accident.

The 44-year-old woman died Thursday following a series of complications caused by injuries from the accident. After utilizing her skills in linguistics to help recover her ability to speak for many years, colleagues and family stated she had made a "stunning recovery" in the interim years before her death.

The injuries she received in her accident included broken bones, severe head trauma and brain injuries, which led to several strokes and her loss of ability to speak.

If you or a loved one has been injured in an accident caused by the negligent or reckless behavior of another individual such as in any car accident, it may be possible for a skilled attorney to help you fight for monetary compensation from the liable party. Whether your injuries are the result of a product liability incident, or simply individual negligence, our legal team at the Mulvey Law Offices will stop at nothing to fight for the compensation you deserve.

Contact a New Hampshire personal injury attorney at our offices today to find out how we can assist you with your injury case.

Hit & Run Accidents

Mulvey Law — Wed, 24 Nov 2010 15:45:00 GMT

Too frequently we read of hit & run accidents - the driver strikes a pedestrian and takes off or the driver forces a vehicle off the road and leaves the scene of the accident. If you are injured and have medical bills and lost wages, your losses may be recoverable from your motor vehicle insurance carrier. In New Hampshire, your car insurance policy contains both a Medical Payments provision and an Uninsured Motorist provision that may provide coverage for a recovery. The Medical Payments provision is payable if you are injured while in or on a motor vehicle. The Uninsured Motorist provision provides protection if the hit & run driver did something wrong that caused the car accident and injuries.
Hopefully, you or a loved one will never be involved in a hit & run motor vehicle accident. But, if you are, do not leave the scene without contacting the police to document the incident. You should review your insurance coverage with your agent or an experienced personal injury attorney to guarantee you and your family are adequately protected. In the event that you or a loved one are injured in a car accident, please contact us immediately so that we can help you obtain the maximum benefits for your injuries.

New York Case Holds 4-Year Old Can Be Sued

Mulvey Law — Tue, 09 Nov 2010 08:50:00 GMT

Last week, a judge in New York ruled that a 4-year old could be sued in a personal injury action. The plaintiff in the case is the estate of an 87-year-old woman. The defendants are a 4-year-old girl, a 5-year-old boy and their moms.

It started with the two kids riding their bikes -- the little girl's still had training wheels -- on the sidewalk outside their building. Their mothers were nearby. The kids decided to have a race, and a few seconds later they knocked over the elderly woman who had been walking in their path. Her injuries included a broken hip, and she had surgery to repair it.

After the victim died (not as a result of the accident), her estate sued the two children and their mothers, alleging that the accident was the result of the children's negligence.

The 4-year-old girl's attorney filed a motion to dismiss, on the grounds that she had not been involved in an adult activity at the time of the accident, that she was too young to be held liable and that her mother had been present at the time of the accident. Cases from as far back as 1928 supported his argument: The state's courts had held time and time again that a child under the age of 4 is "conclusively presumed to be incapable of negligence."

The judge found the argument had no merit, principally because the girl was not under 4, she was 4 and closing in on 5 at the time of the accident. Though certainly young, she did not fall within the parameters of the rule.

The judge also disagreed with the argument that the mother had been supervising the little girl. The evidence showed that she had been present, but there was nothing about her "supervising." The term itself was too vague to be meaningful here. And, the mere fact of the mother's presence "does not give a reasonable child carte blanche to engage in risky behavior." It would be different if the mother had actively encouraged the risky behavior. In that case, the judge said, the girl would not have been accountable.

So, it seems Courts are open to holding even very young children liable for their negligent acts.

Mulvey Law Settles Claim For Auto Accident Victim

Mulvey Law — Thu, 04 Nov 2010 13:45:00 GMT

Client was injured in a car accident while she operating her vehicle in Dover, NH. The defendant failed to yield the right-of-way and struck client's vehicle. Client was wearing her seatbelt, but the impact caused her to be forcefully thrown from right to left and she struck her left shoulder and head against the driver’s side window. After the police arrived, client was transported to Wentworth Douglass Hospital.

Client experienced neck and shoulder pain immediately. As a result of the impact, she sustained facial and head bruising, which worsened over the days following the accident. As the week went by, client began having headaches and significant shoulder and neck pain, which interfered with her sleep. She was diagnosed with a cervical strain with some spinomechanical dysfunction, likely the product of the whiplash injury that was caused by the motor vehicle accident. Her medical costs were $11,976.

Initially, the insurance company asserted that the injuries claimed by Plaintiff were overstated and only offered $15,000 to settle the claim. However, after Mulvey Law put together the demand package, the case settled for $32,000 prior to filing suit.

Recovery of Lost Wages

Mulvey Law — Fri, 29 Oct 2010 19:15:00 GMT

When a person is injured in an accident the recovery period is often a stressful and emotional time period. If the injured person is forced to missed work due to the injuries, that person's financial stability may be put in jeopardy. However, a personal injury claim can compensate the injured person for all types of damages, including lost wages as a result of the injuries sustained in the accident.

Lost wages as a result of missed work due to injuries are recoverable in a personal injury claim. In cases with long-term or permanent injuries, the lost wages may be the greatest loss suffered by the injured person.

    In order to make a lost wage claim, it is important to have the documents that substantiate the claim. Doctor's notes indicating the injured person can't work along with records from the injured person's employer are key to presenting a solid lost wage claim. The lost wage claim can include not only regular pay but also overtime pay, bonuses, raises, and/or missed opportunities for potential promotions or commissions.

    In situations where the injured person is severely and permanently disabled, an injured person may never work again. These situations involve lost earning capacity and lost future wages. In these cases, it is necessary to hire an expert to give an opinion on the injured person's earning capacity had he/she not been injured.

    If you or a loved one has been injured in an accident, please contact Mulvey Law immediately so that we can help you through the process of recovering damages for the injuries. We are experienced personal injury attorneys that over the past 30 years has handled all types of injury cases including automobile accidents, slip-and-falls, and animal attacks. We will provide you with a high level of service and will present your case in a way so that you can obtain a maximum recovery for your injuries.

Loss of Consortium Claim

Mulvey Law — Thu, 28 Oct 2010 15:25:00 GMT

     New Hampshire recognizes a type of personal injury claim known as a loss of consortium claim. A loss of consortium claim is a claim that is brought by an uninjured spouse against the party that caused the injury for damages that stem from the injury to the other spouse. The loss of consortium claim is derivative claim in that it exists because of the injured spouse's personal injury claim. The two claims are typically brought together and at the same time.

     This type of claim is allowed because the law recognizes that although one spouse may not have suffered a physical injury, that spouse may nonetheless be "injured" because their spouse no longer performs the services that he/she would have performed but for his/her physical injury. The lost services can include household responsibilities (cooking, cleaning, mowing the lawn), love, companionship, and/or sexual relations.

     So, for example if husband is injured in a motor vehicle accident and his injuries render him unable to do the things around the house that he used to be able to, unable to have sex with his wife, and is unable to go to social gatherings with his wife, the wife may have a solid loss of consortium claim.

    We have represented many spouses for physical injuries and loss of consortium claims. We here at Mulvey Law are experienced personal injury attorneys and we understand how to present your claim to achieve the best result possible. If you or a loved one have been injured in an accident, please call us right away to set up a no charge initial meeting to assess any potential claims you may have.

$70,000 Settlement For Car Accident Victim

Mulvey Law — Thu, 21 Oct 2010 18:45:00 GMT

    Recently, Mulvey Law negotiated a $70,000 settlement for a client that was injured in a car accident. The Client was injured when he was struck by a plow truck. The force of the collision caused trauma to the client's head and resulted in a retinal detachment in the client's right eye.
    Initially, the insurance company attempted to argue that the retinal detachment was not a result of the accident but was the result of a pre-existing condition. Mulvey Law employed the services of a medical expert who concluded that the retinal detachment was, in fact, related to the motor vehicle accident. Based on that expert opinion, Mulvey Law was able to force the insurance company to pay for the medical bills associated with fixing the client's eye injury along with the pain and suffering associated with the injury.
    In the end, the client walked away with a favorable settlement because the experienced personal injury attorneys at Mulvey Law were able to present a case to the insurance company that compelled them to make a substantial offer or run the risk of a large verdict if the case went to trial.

The Product Liability Claim Explained

Mulvey Law — Tue, 19 Oct 2010 12:00:00 GMT

A product liability claim is one in which a person contends that a particular product is defective in some way and that defect has caused injury. You may recall a famous product liability claim that was brought against Ford Motor Company many years ago relating to its Pinto automobiles. Ford made an engineering decision to place the gas tank on the Pinto in the rear of the vehicle, even though it knew, or should have known, that placing the gas tank in this location could result in serious injury to the occupants if the vehicle was involved in a rear end collision.

Documentation was produced during litigation that Ford knew, or should have known, of that risk, yet made a conscious decision to continue to keep those vehicles on the road because it felt the overall financial benefit would weigh in its favor, even if it had to pay several million dollars in claims as a result of injuries.

The jury in one of those cases returned a very substantial award against Ford Motor Company for compensatory damages for the injuries suffered by the plaintiff. The jury also awarded substantial punitive damages to punish Ford for its wrongful conduct in not taking the vehicles off the road or warning the public of the dangers associated with that vehicle.

We here at Mulvey Law are experienced personal injury lawyers and over the years we have successfully handled dozens of product liability claims. We understand how to present a winning claim. If you or a loved one has been injured as a result of a defective product, please contact us immediately to set up a no cost initial meeting to evaluate your claim. We handle cases throughout New Hampshire and, if it more convenient, we will schedule the meeting where you live rather than have you travel to our offices.

Social Networking & Lawsuits

Mulvey Law — Mon, 18 Oct 2010 16:00:00 GMT

    Recently, I saw a case lose value because of what the injured plaintiff had posted on her Facebook account. The plaintiff was injured in a motor vehicle accident. In her lawsuit, she claimed that as a result of the injuries sustained in the car accident, she was unable to do many of the activities she enjoyed prior to the accident, including golf. The defense attorneys found a picture that the plaintiff had posted on her Facebook account that showed her posing with three others on the first tee. Plaintiff explained that she had signed up for the charity tournament prior to being injured and decided that she would still go to the event although she did not actually play.
    Whether or not the plaintiff actually played golf on that day is not the point. The point is that the picture gave the defense attorneys evidence to make the argument that plaintiff was lying about the extent of her injuries and, thus, could not be believed. As a result, the plaintiff settled her case for less money than she could have received had the picture not been available to the defense attorneys.
    The story of that case reminds us what we should already know - that we must be very careful of what we post online because those postings can be viewed and used in ways that we can't imagine. If you are involved in a lawsuit, any posting has the potential to be used against you and you must be very careful about what you put on the web. This is especially true if you are making a claim for injuries as a result of an accident.
    We here at Mulvey Law understand how to present the best case possible and avoid pitfalls such as damaging online postings. If you or a loved on has been injured through no fault of your own, please contact us immediately so that we can assist you through every step of the process.

Medical Payments Coverage

Mulvey Law — Mon, 11 Oct 2010 13:00:00 GMT

Medical payments coverage (also known as Med Pay) is the best bargain that you have on your auto insurance policy. The premium for this coverage is relatively cheap and the benefit that it provides is worthwhile. The coverage offered by insurance companies are generally $1,000.00, $2,000.00, $5,000.00, $10,000.00, $25,000.00, $50,000.00, and $100,000.00. This coverage pays for reasonable and necessary medical expenses resulting from an auto accident.

The most important aspect of this coverage is that it is not fault-based. That means that if you are injured in a car accident, and even if the accident is entirely your fault, med-pay coverage still applies.

In addition, med-pay coverage also pays for the medical bills of passengers in your vehicle at the time of the accident, regardless of fault. If you have five (5) passengers in your vehicle at the time of an accident, then you and your five (5) passengers all have med-pay coverage up to your limits. So, if you have $10,000.00 in med-pay coverage, you and every one of your passengers has this limit available to them for an accident. We will always attempt to maximize the use of med-pay coverage that may be available for injuries that result from a car accident. One thing to consider about auto insurance, is that the first layer of coverage costs the most.

Med-pay coverage is also not vehicle-specific. What that means is that the Med-pay coverage follows you to afford coverage in any accident involving an automobile. Also, automobile med-pay coverage may apply to auto v. pedestrian accidents.

Med-pay coverage is an example of a benefit that may be available that many people do not know about. We here at Mulvey Law are experienced accident attorneys and we understand all the details of insurance policies. If you have recently been injured in a car accident, please give us a call to make an appointment to see us right away so that you can have an experienced legal team on your side.

Mulvey Law Gets $390,000 Settlement For Injured Client

Mulvey Law — Wed, 06 Oct 2010 18:15:00 GMT

Our Client

sustained personal injury as a result of falling from a defective stool at a restaurant in California. Initially, the client sought representation from a California law firm for the personal injuries sustained. Client came to us and complained that the law firm committed legal malpractice, resulting in the loss of the personal injury action that should have been asserted and prosecuted on behalf of him. Defense counsel for the California law firm asserted that the client's underlying claim had limited value.

After extensive discovery, including depositions of the client and several of his medical care providers, Mulvey Law was able to prove that this claim had significant value. The claim eventually settled for $390,000 and the client was fully compensated for his medical bills, lost time from work, and pain and suffering associated with the injuries sustained in the accident.

Mulvey Law Earns $250,00 Settlement for Personal Injury Client

Mulvey Law — Mon, 04 Oct 2010 18:00:00 GMT

Recently, Mulvey Law settled a claim for $250,000 for a client that sustained a head injury and nasal fractures in a motor vehicle accident. The client was driving through an intersection on Route 11 in Farmington, NH when the defendant, driving a large pick up truck with a front plow attachment, failed to yield at the red light and t-boned the client’s vehicle. The defendant, driving his employer’s company vehicle, admitted to the police officer that he failed to yield the right of way. Suit was initially filed against the driver and his employer under the doctrine of respondeat superior. The employer’s insurer asserted the employee was not an authorized driver and denied coverage.

    After the lawsuit was filed Mulvey Law was able to prove that the defendant was in fact authorized to drive the employer's vehicle and the employer's insurer was forced to provide coverage.

    As a result of the collision, the client sustained nasal fractures, lacerations and a head injury. The medical costs associated with his subsequent care was approximately $34,000. The client worked as a landscaper and after the accident, was unable to work in his physically demanding profession and made a lost wage claim of $76,000.

    The settlement amount of $250,000 fully compensated the client for his missed time from work, medical bills associated with the injuries sustained in the car accident, along with the pain and suffering and loss of enjoyment of life that the client experienced while he was recovering from the injuries.

Dog Bite Law

Mulvey Law — Thu, 30 Sep 2010 16:00:00 GMT

Over the years, Mulvey Law has represented numerous dog bite victims. New Hampshire law is very clear that, in general, a person that is the victim of a dog bite is entitled to receive compensation for the injuries sustained regardless of whether the owner of the dog acted negligently or not. This type of liability is known as strict liability. You can read the strict liability statute by clicking on the following link:

http://www.gencourt.state.nh.us/rsa/html/XLV/466/466-19.htm

If you, or a loved one, are the victim of a dog bite we recommend you come to see us right away. Our knowledge and expertise in this field can help you recover the most compensation possible and save you many of the headaches involved with going through a personal injury case on your own. Please give us a call right away to arrange a free initial meeting. If you can't make it to our office, we will come to you anywhere in New Hampshire. Dog bites often lead to serious injuries and we can help you move on from those injuries by working hard to get you a favorable settlement or judgment.