Articles Posted in Personal Injury

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A car accident in Epsom, New Hampshire proved to be a deadly one with one of the drivers perishing from the injuries. Three others were rushed to the hospital with non-life-threatening injuries.

The incident highlights how the legal doctrine of negligence per se can work in a car crash case.police-line-300x225 Continue reading →

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Winter Weather Hazards

It’s always cold the beginning of the New Year in New Hampshire, but recent history has proven it to be brutal. New Hampshire confronts unique issues with the weather because it can get substantially more frigid than the rest of the country. Slick roads, snow shoveling and the potential for frostbite are an everpresent danger during the winter.WinterNH-300x200

Remember to:

  • Drive safely in snow and avoid driving when road conditions are particularly inhospitable and visibility is low.
  • Be mindful of the potential for frostbite if shoveling snow or outside for any other purpose, and take regular breaks to ensure your body temperature does not drop too low.

Carbon Monoxide Hazard

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As the holiday season has come and will soon be gone, the tide of shoppers descends upon stores. First, it was Black Friday that ignited the holiday rush, and those who were once casual shoppers became fervent deal-seekers. Now, it’s the after-Christmas sales that some believe offer the most deals.holiday-injuries-300x180

At Tenn And Tenn, P.A., we know that this deal-seeking shopping frenzy can have some undesirable side effects, as shoppers push and shove past one another in the name of flat screen TVs and designer clothes. Something about the allure of a bargain bin seems to push shoppers toward a kind of mania, and in that commotion, people can and have gotten hurt. Holiday shopping injuries occur with increasing frequency, and are always eagerly reported by local and national news outlets.

Most Common Types of Holiday Shopping Injuries

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Imagine minding your own business at home, when suddenly, an explosion rocks your apartment complex. This shocking situation was a reality for the residents at an apartment complex in the suburbs of Washington, D.C. this past August. The explosion resulted in a fire that destroyed most of the apartment complex and caused many who were in the building at the time to fear for their lives. The explosion claimed the lives of seven people, and cause injury to over 40 people, in addition to the destruction of what many were calling home.apartmentfire

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Imagine trusting a newborn infant in the hands of paramedics, only to have the child suffer third degree burns during transport. This is the chilling tale of one Idaho family, who has opened a lawsuit against the city of Rexburg over the incident. The Porter family was home one evening, when something unexpected happened. Jenise Porter delivered the unexpected birth of her child, Londyn Porter. Paramedics were called in to rush Londyn to the hospital. What the Porter family expected was a safe trip for their newborn daughter. What happened caused them to take legal action against the city.warninggraphicd-300x168

The Porter Family’s Case

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Silver City, New Mexico was recently the site of a grizzly series of events that resulted in the murder of one woman, Nikki Bascom, and a subsequent suicide of the perpetrator, Mark Contreras, a police captain. This shocking and sad event was the culmination of a number of prior incidents involving Contreras’s repeated and bold harassment of Bascom following the end of their relationship.Negligence-legal-definition-258x300

Bascom is survived by two children, now living with Bascom’s mother, Karri Dalton. Dalton has since begun a wrongful death lawsuit on behalf of Bascom’s children. Dalton claims that neglectful policing led to the eventual murder of Bascom at the hands of Contreras. The case is against Silver City’s police department, citing the departments repeated demonstrations of ignoring Contreras’s history of violence and allowed his disruptive behavior to continue, and eventually allowed him to kill Bascom.

The Case

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To succeed on a personal injury claim, you need to show that the person you are suing had a responsibility to keep you safe, did not follow through on that responsibility, and this caused your injury. One of the trickiest parts of a personal injury claim is proving that the person who hurt you had a responsibility to keep you safe, or at least a duty not to hurt you. While this is often difficult, there are also situations where it is quite easy, such as when someone was per se negligent. negligence

Negligence Per Se

There are many laws and regulations that dictate what we can and cannot do in the course of our daily lives. These laws exist to keep everyone safe by dictating how basic things are done in the United States. By acting uniformly in this way, we ensure that other people are not needlessly put in harm’s way.

These laws basically set a minimum standard of care for other people that we need to uphold.

Therefore, whenever someone violates one of these laws and ends up hurting you, it can be used as proof that they were negligent. This is because violating these laws is negligence per se, or intrinsically negligent.

This works by reading the law as setting the responsibility that had to be upheld, and then the violation of that law as proof that it was not.

An Example: Driving on the Right Side of the Road

An excellent, and all too common, example of how negligence per se works is New Hampshire’s law that requires drivers to keep to the right side of the road. Whenever someone veers over the center line and causes a car accident, they were likely per se negligent. The minimum standard of care that they had to uphold was to drive on the right side of the road. Crossing over the center line and causing an accident, therefore, is proof that they were not driving on the right side.

Implications of Negligence Per Se

Whenever there is a law, regulation, or statute that dictates how people should act, and then someone violates that rule and someone gets hurt from the violation, it makes it easier to get compensation from them in a personal injury lawsuit. Without having to argue as much over whether they had a responsibility to keep you safe and whether they violated that responsibility, the case becomes much more straightforward.

Personal Injury Attorneys at Tenn And Tenn

Even though negligence per se is a convenient concept for personal injury cases, it still often takes an experience personal injury attorney to make sure that it works properly. This is why hiring the personal injury attorneys at Manchester’s own Tenn And Tenn law firm is one of the best ways to ensure that you receive Continue reading →

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A surprising face appeared in Iowa court as a witness earlier this month in the case of Cheryl Bronson. Bronson was the victim of a drunk driving accident and has suffered a number of injuries. Bronson also happens to be the aunt of Olympic gymnast and ‘Dancing With The Stars’ champion Shawn Johnson, who appeared in court as a witness for the plaintiff, her aunt. caraccident

Bronson was once a golfer, and an Iowa Women’s pool champion in 2008, and due to her injuries is no longer able to participate in either of those activities. The incident caused her to suffer multiple fractures to her leg and although she has healed, she has had significant changes in her life. Bronson must now walk with a limp, has trouble walking, and has even had to move to a single story home. In addition to this, Bronson has 3 more surgeries planned for her injured leg in the future.

Bronson’s Case

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When a person is seriously injured, they will require medical treatment, or sometimes even hospitalization, depending on the severity of the situation. Typically, these bills are initially covered by the person’s medical or health insurance provider. If the person desires to pursue legal action against the one responsible for their injuries, the losses from the medical expenses will be considered in the damages pursued from the case, along with any other relevant damages that stem from the case. Health insurance is a person’s first line of defense against medical expenses. A majority of the time, the hospital will bill the insurance company so that the injured party will not be overcome with medical debt. For one hospital in Arkansas, however, patients who have been injured as a result of someone else’s actions are finding some difficulty with hospital administration accepting their insurance plans.health-ins1

Turning Down Insurance

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