DWI/DUI

If you have been charged with a DWI or DUI you need a NH DWI lawyer from Douglas, Leonard & Garvey .

NEW HAMPSHIRE DWI ATTORNEY – DWI LAWYER IN NH

NH DWI/DUI -Arrested for DWI or DUI in New Hampshire?  Most clients that contact our N.H. DWI attorneys are anxious because a conviction can mean possible jail time, heavy fines, and loss of your license. In addition, the charge has an emotional toll on you and your family. Not knowing the outcome can be highly stressful.  Our New Hampshire DWI lawyers at Douglas, Leonard & Garvey in Concord, New Hampshire will aggressively defend you.

NH DWI Lawyer

If you’ve been arrested for DWI, New Hampshire police and prosecutors will be aggressive. They have a team of people working for them to prove their case against you.

Many people ask, “Do I need a lawyer?”  You want someone with experience and a proven track record. We think you deserve that and more. Our NH DUI/DWI lawyers include a former state Supreme Court and Superior Court judge, Charles G. Douglas, III. He actually wrote the New Hampshire Evidence Manual, which is used by lawyers and judges across the state regarding evidence in court cases. “Skip Campbell” has over 20 years of experience successfully defending criminal cases and DUI/DWI in all the district, superior, and federal courts in New Hampshire.  He has been rated as a Best Lawyer in DWI/DUI defense in New Hampshire since 2009.   Skip doesn’t just handle these cases — he tries and wins them. So, when we say we have experience, our New Hampshire DUI/DWI attorneys have the type of experience you need.

New Hampshire DWI Attorney

Our NH DUI lawyers listen to your side and understand the facts. After we know this information, we develop solutions and options that are best for you. We’re not here to judge you, we are here to help you. Once the NH DUI/DWI lawyers at Douglas, Leonard & Garvey are involved, we handle all communications with prosecutors, police or other officials and bring you the peace of mind that you are not alone dealing with this burden.

New Hampshire DWI/DUI Attorneys

The DWI lawyers at Douglas, Leonard & Garvey want to successfully resolve your case by trial or negotiations and allow you to get on with your life.  Give us a call for a free evaluation of your case at 1-800-240-1988, or by filling out our free evaluation form.

DUI/DWI Practice Areas

While DWI/DUI is a common charge, our criminal lawyers handle a variety of criminal defense matters, including:

Administrative License Suspension

When you are charged with DWI/DUI you face a minimum 6 month loss of license from the DMV, in addition to the penalties you face in court.

Driver’s License Reinstatement

If you lose your license for any period of time for DUI/DWI, there are a number of obstacles to getting it back.  We help you navigate all of those hurdles.

Field Sobriety Tests

Field Sobriety Tests are how police officers try to establish probable cause to arrest you for DUI/DWI.  We understand every detail of these tests and know how to use them to your advantage.

DWI/DUI Penalties – First Offense

The penalties for even a 1st offense DWI or DUI are incredibly harsh in New Hampshire.  We know how to help you avoid these penalties.

Aggravated DWI

An aggravated DWI carries mandatory jail time if you are convicted.  You can be charged with aggravated DWI because of a high blood alcohol, because there was a child in the car, and for other reasons.

DWI Second Offense

Like an aggravated DWI, a second offense charge carries mandatory jail time and an extended loss of license.  It is crucial that you have the right DWI attorney to protect your rights and keep you out of jail.

DWI Trials

Skip Campbell successfully tries and wins DWI/DUI cases.  If an offer acceptable to you is not made, Skip can and will try your case.

DWI/DUI Appeals

Your DWI case can be appealed to the Superior or Supreme Court.  Our lawyers include a former judge from both of those courts.

Contact a New Hampshire DWI lawyer at Douglas, Leonard & Garvey, P.C. to aggressively defend against your DWI arrest.  Our experienced NH DWI attorneys will represent you in court and administrative license suspension hearings.  If you have been charged with DWI/DUI in New Hampshire, contact our legal team of New Hampshire DWI attorneys at 1-800-240-1988 or by filling out our online form.

Additional Resources for New Hampshire DWI/DUI

NH Criminal Laws
NH DUI/DWI Laws

What Do I Do After An Automobile Accident?

After an Automobile Accident – There are several important steps you need to take after you have been in an automobile accident. The first thing is to get the medical attention you need. Next, you need to contact an experienced personal injury attorney.

There are many pitfalls in automobile accident cases that you need to avoid. It may seem obvious but you need to get as much information about the other driver as possible, including his license plate, his driver’s license information and insurance information. Other important information may be the identification of witnesses to the accident. You should call the police to report the accident so there is a record of the accident.

Get any necessary medical treatment. The doctor or the hospital will record your injuries and treatment in your medical records. Also, you should photograph any of your injuries, whether they are cuts, bruises, scratches or stitches because the photographs will show the injuries you sustained in the accident. Injuries heal over time and it is important to have a record of the injuries you received in the accident.

Please download  a copy of our eBook, New Hampshire Personal Injury Guide, for a better understanding of the process.

 

Posted in FAQ Categories:
Automobile Accidents
Personal Injury

What Is Sexual Harassment?

Sexual Harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors, and any verbal or physical conduct of a sexual nature that affects your employment, which is severe or pervasive.

Posted in FAQ Categories:
Harassment
Sexual Harassment

My Employer Does Not Think I Can Do My Job So It Wants Me To Take Maternity Leave Before Childbirth. Can They Require That I Leave Before Childbirth?

If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby’s birth.

Posted in FAQ Categories:
Pregnancy Discrimination

What Is A Whistleblower Claim?

In New Hampshire, there are generally considered two types of Whistleblower claims. The first type is a Whistleblower complaint filed under New Hampshire’s Whistleblower Protection Act. This process provides for the filing of a Complaint with the New Hampshire Department of Labor for what an employee believes to be a violation.

The second type of Whistleblower’s Complaint is sometimes referred to as a wrongful termination or wrongful discharge claim. The facts under certain wrongful termination claims relate to an employee’s refusal to participate in certain illegal conduct or an employee reporting certain wrongful conduct which results in that employee’s termination.

Please go to Wrongful Termination for more information

 

Posted in FAQ Categories:
Whistleblower Complaints

Why Should I Choose Douglas, Leonard & Garvey As My Disability Discrimination Lawyer

Employers and their insurance companies have experienced lawyers on their side. With our employment lawyers on your side, we level the playing field. While some employment cases settle without filing a lawsuit, you need a skilled and aggressive employment lawyer so you get fair compensation. Douglas, Leonard & Garvey has the reputation and experience of being a trial law firm. What makes our law firm different is that employers and insurance companies know that we will take a case to trial if they do not offer fair compensation. If you have an inexperienced lawyer that isn’t used to going to court, you won’t have that leverage on your side. It is that leverage or the threat of taking a case to trial that gives you an advantage in your case.

The attorneys at Douglas, Leonard & Garvey have years of trial experience in handling disability discrimination cases. Choosing the right lawyer may mean the difference between success and failure.

Posted in FAQ Categories:
Disability Discrimination

Should I Give A Statement To The Other Driver’s Insurance Company?

No. When we have clients come to us after an automobile accident, we often find that the insurance company for the other driver called them and took a recorded statement over the phone or in person. It happens a lot, even before people have had a chance to hire their own attorney. The reason why the insurance companies do this is because they count on many accident victims not getting their own lawyer and then they can offer a quick and low settlement. Insurance companies count on the fact that you will not know the value of your case. The insurance company for the other driver is interested in asking you a lot of questions about the accident and finding out about your injuries and how you are feeling. That insurance company will try to use this information against you if you make a claim. Be alert that the other driver’s insurance company is not looking out for your best interest. While you do have an obligation to cooperate with your insurance company, you are under no obligation to talk to the other driver’s insurance company if they contact you. It is best to have your lawyer deal directly with the insurance company.

Posted in FAQ Categories:
Automobile Accidents
Personal Injury

Does My Health Insurance Provided By My Employer Have To Cover My Pregnancy-Related Treatment?

Yes. Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions.

Posted in FAQ Categories:
Pregnancy Discrimination

What Are Some Examples of a Sexual Hostile Environment?

NH Sexual Hostile Environment – Leering, i.e., staring in a sexually suggestive manner

Making offensive remarks about looks, clothing, body parts

Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another’s body

Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc.

Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images

 

Posted in FAQ Categories:
Harassment
Sexual Harassment

What are the Requirements to File a Whistleblower’s Complaint with the New Hampshire Department of Labor?

There are strict requirements that need to be complied with such as whether or not you reported the violation to the employer, is there a grievance procedure, how long was the employer given to correct the alleged violation, did you participate in any investigation, hearing or inquiry or court action or what was the alleged illegal order that you were asked to carry out. These are just some of the facts related to filing a complaint with the New Hampshire Department of Labor.

Posted in FAQ Categories:
Whistleblower Complaints

What Is My Case Worth?

Determining the value of a personal injury claim is based on the very unique circumstances of your case. There are several factors that are going to determine the value of your claim, which include the nature and location of the injuries, the pain and suffering associated with the injury, the permanency as well as any future medical needs.

Posted in FAQ Categories:
Automobile Accidents

Do I Get To Receive The Same Fringe Benefits As Other Employees If I Am Pregnant?

Yes. If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions. These fringe benefits include accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.

Posted in FAQ Categories:
Pregnancy Discrimination

What Is Workplace Harassment?

Unlawful harassment is a form of discrimination that violates state and federal laws.

Unwelcome verbal or physical conduct based on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation) constitutes harassment when:

1. The conduct is sufficiently severe or pervasive to create a hostile work environment; or

2. A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.).

 

Posted in FAQ Categories:
Harassment
Sexual Harassment

Can My Employer Prohibit Me From Returning To Work Four Weeks After Giving Birth?

No. An employer may not have a rule that prohibits an employee from returning to work after a predetermined length of time after childbirth.

Posted in FAQ Categories:
Pregnancy Discrimination

What Is A Hostile Work Environment?

This occurs when unwelcome comments or conduct based on sex, race or other legally protected characteristics unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Anyone in the workplace might commit this type of harassment — a management official, co-worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed.

Posted in FAQ Categories:
Harassment
Sexual Harassment

I Was In a Car Accident But The Other Driver Who Was At Fault Did Not Have Auto Insurance. Am I Out of Luck?

Under New Hampshire law, if the at-fault party does not have insurance coverage you will be able to make a claim against your own automobile insurance coverage or an uninsured motorist claim. As a part of the premium for your automobile insurance, you have coverage that protects you in case of an accident with a driver that has no insurance.

Posted in FAQ Categories:
Automobile Accidents

My Employer Filled My Job. Am I Entitled To Get My Old Job Back?

Employers must hold open a job for a pregnancy-related absence the same length of time that jobs are held open for employees on sick or disability leave.

Posted in FAQ Categories:
Pregnancy Discrimination

What is a Tangible Employment Action?

Harassment that results in a tangible employment action occurs when a management official’s harassing conduct results in some significant change in an employee’s employment status (e.g., hiring, firing, promotion, failure to promote, demotion, formal discipline, such as suspension, undesirable reassignment, or a significant change in benefits, a compensation decision, or a work assignment). Only individuals with supervisory or managerial responsibility can commit this type of harassment.

Posted in FAQ Categories:
Harassment
Sexual Harassment

I Don’t Have Health Insurance or the Money to Pay for Medical Treatment. Can I Pay My Medical Bills From a Settlement of My Automobile Accident?

Yes. We frequently negotiate on behalf of our clients with their healthcare provider to wait and get paid out of any personal injury settlement. You should be aware that if you do have health insurance, many of the policies require that the health insurance company be repaid for medical bills paid on your behalf as the result of an injury caused by a third party.

Posted in FAQ Categories:
Automobile Accidents
Personal Injury

What Protections Do I Have if I File a Discrimination Charge?

It is unlawful to retaliate against an individual for opposing employment practices that discriminate for filing a discrimination charge, testifying, or participating in any way an investigation, proceeding or litigation for unlawful discrimination.

Posted in FAQ Categories:
Pregnancy Discrimination
Retaliation

Do I Have a Claim for Harassment?

A claim of harassment generally requires several elements, including:

1. The complaining party must be a member of a statutorily protected class;

2. S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class;

3. The unwelcome conduct complained of was based on his or her membership in that protected class;

4. The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment.

 

Posted in FAQ Categories:
Harassment
Sexual Harassment

The Other Driver At Fault Had a Minimal Insurance Policy But I Suffered Serious Injuries. What Do I Do?

We are finding this to be a more frequent occurrence where the at-fault driver has a minimal insurance policy but our clients have serious injuries. This situation may lead to what is called “underinsured” claim. For example, the at-fault driver may have an insurance policy with only $25,000 in bodily injury insurance coverage. That means that there is only $15,000 available from the other driver’s insurance company. If your own insurance policy has a larger bodily injury insurance coverage, then you are able to make an “underinsured” claim. It is not uncommon for clients to cover at least $100,000 in underinsured/uninsured motorist coverage through their own automobile insurance company. That way, no matter what, you have at least the $100,000 in bodily injury available to you. For example, the other driver having $25,000 in bodily injury insurance coverage, you have a claim against that policy and then try to collect the remaining balance from your own automobile insurance coverage.

Posted in FAQ Categories:
Automobile Accidents

How Do I File a Charge of Discrimination?

Our Guide to Filing a Charge of Employment Discrimination will provide you some answers to starting the process of protecting your rights.

Posted in FAQ Categories:
Sexual Harassment

How to Hire an Automobile Accident Lawyer?

Choosing the right lawyer for your automobile accident is very important. It does make a difference to the amount of money you may recover in your case. Your lawyer can help you with two important parts of your case. The first is to make sure you get the medical treatment you need. The second important thing is your lawyer can get you the money you deserve for your injuries.

The insurance company for the other driver wants to pay you the least amount of money for your claim. That is why you need an experienced personal injury lawyer to deal with the insurance company. Everyone has seen the 1-800 TV ads for lawyers or the yellow page ads by lawyers claiming to be experienced automobile accident lawyers. Before you choose your lawyer, you should ask the lawyer you are considering if they have any trial experience – that is, whether that attorney has taken a case to trial.

  • Trial experience is the most important factor to consider in hiring your attorney.
  • It is the threat of a trial that puts the pressure on the insurance company to offer you a fair settlement.

In order to get the most money for your injuries, the insurance company needs to know your attorney is skilled and experienced in bringing a case to trial.  Many times the insurance company will offer you more money to settle your case if they know your attorney is willing to go to Court to fight for your case. The insurance company knows which lawyers will try a case and which lawyers just want to settle a case.

We can provide answers to some questions you may have about hiring the right attorney for your automobile accident case. Our Video Library may answer more of your questions.

 

Posted in FAQ Categories:
Automobile Accidents

What If My Employer Retaliates Against Me For Filing A Complaint?

It is unlawful to retaliate against a person for imposing employment practices that discriminate based on sex or filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding or litigation under state or federal sexual harassment laws.

Posted in FAQ Categories:
Pregnancy Discrimination
Wrongful Termination

What is Considered Not Harassment?

The anti-discrimination statute are not a general civility code. Thus, state and federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s employment. The conditions of employment are altered only if the harassment culminates in a tangible employment action or is sufficiently severe or pervasive to create a hostile work environment.

Posted in FAQ Categories:
Harassment
Sexual Harassment

How Do I Pay My Personal Injury Lawyer?

We offer a free consultation to find out if you have a car accident case. If you hire us to help you in your case, you do not pay us anything unless we recover money for you. This is called a contingency fee. Our fee would be a percentage of your recovery.

Posted in FAQ Categories:
Automobile Accidents

Why Should I Choose Douglas, Leonard & Garvey As My Employment Lawyer?

Employers and their insurance companies have experienced lawyers on their side. With our employment lawyers on your side, we level the playing field. While some employment cases settle without filing a lawsuit, you need a skilled and aggressive employment lawyer so you get fair compensation. Douglas, Leonard & Garvey has the reputation and experience of being a trial law firm. What makes our law firm different is that employers and insurance companies know that we will take a case to trial if they do not offer fair compensation. If you have an inexperienced lawyer that isn’t used to going to court, you won’t have that leverage on your side. It is that leverage or the threat of taking a case to trial that gives you an advantage in your case.

The attorneys at Douglas, Leonard & Garvey have years of trial experience in handling employment cases. Choosing the right lawyer may mean the difference between success and failure.

Posted in FAQ Categories:
Employment Law

How Will My Employment Lawyer Get Paid?

Like most employment law cases, discrimination cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.

Posted in FAQ Categories:
Pregnancy Discrimination
Wrongful Termination

I Am A Male, Can I File A Sexual Harassment Charge?

Yes. Victims of sexual harassment are mostly women but may also be filed by males. According to the Equal Employment Opportunity Commission, almost sixteen (16%) percent of the sexual harassment charges were filed by males in 2008.

What Are Some Examples of Non-Sexual Harassment, Hostile Work Environment?

These may include:

Use of racially derogatory words, phrases, epithets

Demonstrations of a racial or ethnic nature such as a use of gestures, pictures or drawings which would offend a particular racial or ethnic group

Comments about an individual’s skin color or other racial/ethnic characteristics

Making disparaging remarks about an individual’s gender that are not sexual in nature

Negative comments about an employee’s religious beliefs (or lack of religious beliefs)

Expressing negative stereotypes regarding an employee’s birthplace or ancestry

Negative comments regarding an employee’s age when referring to employees 40 and over

Derogatory or intimidating references to an employee’s mental or physical impairment

 

Posted in FAQ Categories:
Harassment
Sexual Harassment

Why Should I Choose Douglas, Leonard & Garvey As My Automobile Accident Lawyers?

Because the insurance company has their own experienced adjusters and lawyers, you need your own experienced attorney on your team. Our job as your attorney is to get make sure you understand the process, keep you informed of the status of your case and then  get you the most compensation for your injuries. The job of the insurance companies is to pay the least amount of money for your claim.

As NH personal injury lawyers, Douglas, Leonard & Garvey has the reputation and experience of being a trial law firm. What makes our law firm different is that insurance companies know we will take the case to trial if they do not offer you a fair settlement for your injuries. If you have an inexperienced lawyer that isn’t used to going to Court, you won’t have that leverage on your side. The leverage or the threat of taking a case to trial that makes the insurance company pay you the most money for your case. The insurance companies know what NH personal injury lawyers just want to settle cases and what injury law firms are willing to fight to take your case to trial.

Please talk with us for free at 1-800-240-1988 or it’s easy to complete our online form.

 

Posted in FAQ Categories:
Automobile Accidents

My Employer Has a Sexual Harassment Reporting Policy. Should I Make a Complaint?

Yes. It I important that you follow any reporting requirements or policy of your employer. Failure to do so will be used against you by the employer or its insurance company in defending your claim.

Why Should I Hire Douglas, Leonard & Garvey, P.C. as My Employment Lawyers

Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees. Our focus is on the employees.

Our employment lawyers regularly represent clients at the Department of Labor, EEOC and New Hampshire Human Rights Commission as well as try cases to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.

Posted in FAQ Categories:
Family and Medical Leave
Pregnancy Discrimination
Race Discrimination
Retaliation
Severance Agreements
Whistleblower Complaints

Why Should I Choose Douglas, Leonard & Garvey As My Employment Lawyer?

employment lawyerDouglas, Leonard & Garvey, P.C. – Employers and their insurance companies have experienced lawyers on their side. With our employment lawyers on your side, we level the playing field. While some employment cases settle without filing a lawsuit, you need a skilled and aggressive employment lawyer so you get fair compensation. Douglas, Leonard & Garvey has the reputation and experience of being a trial law firm. What makes our law firm different is that employers and insurance companies know that we will take a case to trial if they do not offer fair compensation. If you have an inexperienced lawyer that isn’t used to going to court, you won’t have that leverage on your side. It is that leverage or the threat of taking a case to trial that gives you an advantage in your case.

New Hampshire Employment Lawyer

The attorneys at Douglas, Leonard & Garvey have years of trial experience in handling employment cases. Choosing the right lawyer may mean the difference between success and failure.  Call 1-800-240-1988 or fill out our online contact form.

Posted in FAQ Categories:
Harassment
Sexual Harassment

Why Do I Need a Lawyer?

A person suspected of a crime is usually in a world of police, prosecutors and courts that he or she does not fully understand. It takes years of experience to understand the written laws and unwritten nuances that unfold in criminal courts every day.

Posted in FAQ Categories:
Criminal Defense

How Will My Sexual Harassment Employment Lawyer Get Paid?

Like most employment law cases, sexual harassment cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.

What Is Pregnancy Discrimination?

Pregnancy discrimination can take many forms but it involves discrimination on the basis of a pregnancy, childbirth, or related medical conditions. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other employees with similar abilities or limitations.

Posted in FAQ Categories:
Pregnancy Discrimination

How Do I Start A Divorce?

In New Hampshire, a divorce officially begins when a Petition for Divorce is filed in appropriate court. Once the Petition is filed in Court, it must then be served on the other spouse. Alternatively, some spouses agree to file a Joint Petition for Divorce. The filing of a Joint Petition for Divorce eliminates the necessity of completing “service” upon the other party.

You will need to provide your lawyer detailed information in order to start the process. To give you an idea of the needed information, please use our firm’s New Hampshire Divorce and Family Law Checklist

Posted in FAQ Categories:
Divorce & Family Law

Do I Need to Hire an Employment Lawyer?

Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case and, if so, what damages you may be entitled to receive under the law.

Posted in FAQ Categories:
Age Discrimination

How Long Will It Take Me To Get Divorced In New Hampshire?

The answer depends upon the nature and complexity of each case. If both parties begin the process in agreement regarding all issues, both financial and parenting, and all necessary documents are filed with the Court (i.e., Final Stipulation, Parenting Plan, Uniform Support Order, etc.), then a divorce could be completed in approximately 60 – 90 days, depending upon the Court where the matter is pending.

If the parties are unable to agree upon the terms of their divorce, the process can take considerably longer. Generally speaking, contested divorces can take from one to one and a half years. Ultimately, if the parties are unable to resolve their disputes, and a Court is asked to enter final orders after a trial, the length of the divorce can be prolonged if either party seeks an appeal to the New Hampshire Supreme Court.

 

Posted in FAQ Categories:
Divorce & Family Law

How Much Will It Cost To Get Divorced?

This is a very difficult question for any attorney to answer at the beginning of a case as the nature and the scope of the work required cannot be predicted. In general, your attorney’s fees will be commensurate with the amount of time dedicated to your case. The amount of time dedicated to your case is directly related to the number and complexity of the issues in dispute. Unfortunately, this means if the other person is contentious and disputes most issues and files many motions this drives up the cost of your case.

You should have a clear understanding of the hourly rate that you are being billed for both attorney time and paralegal time as well as out of pocket expenses. You should receive a written fee agreement from your attorney. It is important to read and understand the terms of your financial relationship with your attorney.

 

Posted in FAQ Categories:
Divorce & Family Law

What is Mediation?

Mediation is a process using a mediator, usually a volunteer lawyer or former Marital Master. The mediator has no interest in the case and cannot compel the parties to settle.

Mediation is a method by which both parties commit to considering alternative, and sometimes creative, outcomes to the issues in dispute. In a phrase, someone pays more than he/she wants to pay and someone agrees to receive less than he/she wants. In considering any offer or counter offer, each party must consider the inherent risks associated with trial, as well as the financial and emotional costs associated with prolonging the litigation.

Mediation can resolve any issue arising between to spouses/parents at any point during the litigation. Mediation can be used to resolve some, but not all of the issues in dispute.

 

Posted in FAQ Categories:
Divorce & Family Law

What Are The Grounds For Divorce In New Hampshire?

New Hampshire has ten grounds or causes for divorce. A divorce can be granted on the ground that irreconcilable differences have caused the breakdown of the marriage. Irreconcilable differences is probably the most common ground upon which divorces are granted. Alternatively, a divorce can be granted upon a fault ground such as adultery, extreme cruelty, or habitual drunkenness.

Posted in FAQ Categories:
Divorce & Family Law

What Is A Legal Separation?

New Hampshire recognizes a legal separation between spouses. A legal separation requires the parties to engage in the same process as a divorce and has the same effect as a divorce except that neither party will be made free to re-marry. If one spouse seeks a legal separation and the other spouse seeks a divorce, the Court will proceed with the matter as a divorce.

Posted in FAQ Categories:
Divorce & Family Law

We Were Never Married, But Have Children, And Are Separating. How Do I Establish Parenting Rights and Child Support Obligations?

If you were not married, but have children, you would begin the process by filing, in the appropriate Court, Parenting Petition, which will include issues such as child support. Like a Petition for Divorce, the Petition must be served upon the other spouse. Again, like a Petition for Divorce, parents can file Joint Parenting Petitions. The filing of a Parenting Petition informs the Court that only issues relating to the children, both parenting rights and responsibilities and financial support, are at issue. As the parents are unmarried, neither alimony nor property division can be heard by the Court.

Posted in FAQ Categories:
Divorce & Family Law

What Is A Parenting Plan?

A Parenting Plan is a document, separate from a Final Stipulation or Final Decree of Divorce, that addresses all issues regarding the children, which are applicable to your family. Among other things, Parenting Plans address the following issues:

• Decision making responsibility for the children and access to information regarding the children (i.e., medical or educational records);

• The Routine Schedule for the children while with each parent;

• Parenting time during holidays and birthdays;

• Parenting time during school vacations and summer vacation;

• Supervised parenting time, if applicable;

• Transportation responsibilities;

• Relocation of the residence of the children;

• Procedures for reviewing and modifying the parenting plan; and

• Future dispute resolution.

 

Posted in FAQ Categories:
Divorce & Family Law

How Does The Court Determine Parental Rights And Responsibilities (Formerly Referred To As “Custody” And “Visitation”)?

In determining parental rights and responsibilities, the Court is guided by the best interests of the child. In determining the best interest of the children, the Court will consider a variety of factors including:

• The relationship of the child with each parent;

• The ability of each parent to assure that the child receives adequate care;

• The child’s developmental needs;

• The support of each parent for the child’s relationship with the other parent;

• The ability of the parents to communicate and cooperate with each other concerning the children; and

• Any other factor(s) which the Court considers relevant.

While the Court is charged with the responsibility of supporting frequent and continuing contact between each parent and the children, where such is possible and appropriate, the Court is not required, in the first instance, to award the parties joint or equal parenting rights and responsibilities.

 

Posted in FAQ Categories:
Divorce & Family Law

My Child Is 13 Years Old. Can’t He/She Decide Which Parent To Live With?

Under New Hampshire law, there is no automatic age upon which a minor child can unilaterally decide where he/she wants to live. However, if the Court concludes that the minor child is of sufficient maturity to make a sound judgment about where he/she wants to live, the Court will give “substantial weight” to the child’s stated preference. In other words, if deemed a “mature minor”, the child’s preference becomes one of any number of factors the Court will consider in issuing a Parenting Plan. Under these circumstances, the Court will also consider whether other factors have influenced the minor child’s preference—i.e., whether a parent has pressured a child to state a particular preference or whether a parent has made promises to a child to encourage the child to state a particular preference

Posted in FAQ Categories:
Divorce & Family Law

What Is A Guardian Ad Litem?

If you and the other parent are unable to agree upon the terms of a Parenting Plan, the Court may appoint a Guardian ad Litem (GAL) to represent the best interest of the children. Based upon the Court’s understanding of the nature of the parenting issues in dispute, the GAL will be charged with the responsibility of investigating those issues identified by the Court.

A GAL’s investigation will typically include things such as interviews with both parents, meetings with the children, and the collection of information from collateral sources such as friends and family identified by each parent as well as from teachers, counselors, coaches, etc. Eventually, if the parties are unable to reach an agreement, the GAL will file a report, with recommendations for orders, with the Court.

Although the Court will usually give considerable weight to the GAL’s recommendations, the Court is not bound by the GAL’s recommendations. In other words, after hearing all the evidence during a final trial, the Court can enter orders different from the GAL’s recommendations.

When a GAL is appointed, the documents you receive from the Court will discuss the $1,000.00 cap on the cost of the GAL’s investigation. If your case involves a number of contested parenting issues, assume that the cost of the GAL’s investigation will exceed that amount.

 

Posted in FAQ Categories:
Divorce & Family Law

I Am The Parent With Primary Residential Responsibility For The Children. Can I Move Out Of State With The Children?

These are very difficult cases and the outcome will depend on the facts of each case.

If the other parent disputes the proposed relocation of the children, the relocating parent must show that the proposed relocation is for a “legitimate purpose.” A “legitimate purpose” is one that cannot be accomplished if the relocating parent remains in New Hampshire. Only if the relocating parent demonstrates that a legitimate purpose exists, then the opposing parent must demonstrate why it is not in the children’s best interest to relocate. Some of the factors that the Court will consider in determining whether the proposed relocation is in the children’s best interest include:

• The prospective advantages of the move;

• Whether the relocation is motivated by the desire to frustrate the other parent’s parenting rights;

• Whether the relocating parent will comply with new parenting orders;

• Whether there is a realistic opportunity for parenting time which will preserve the other parent’s relationship with the child;

• The negative impact from continued hostility between the parents; and

• The effect that the move may have on any extended family relationships.

Unfortunately, relocation cases are not good candidates for mediation because one parent must either agree to give up the desire to relocate with the children or the other parent must allow the children to move. Under the circumstances, there is not much “middle ground”. As a result, these cases are oftentimes litigated and can take quite a long time to come to final resolution.

 

Posted in FAQ Categories:
Divorce & Family Law

How Will The Court Establish Child Support?

In the first instance, the Court will utilize the Child Support Guidelines Worksheet to establish child support. Child support is calculated using each party’s monthly gross income, after certain limited deductions are applied.

Special circumstances can exist which would compel the Court to deviate from the application of the Child Support Guidelines. Special circumstances include things such as the child’s on-going extraordinary medical, dental, or educational expenses; the significantly high or low income of the obligor and obligee; and the expenses incurred by the obligor in exercising his/her parenting time.

Joint or shared parenting time does not automatically mean that one parent will not pay child support. However, joint or shared parenting time is a factor which the Court may consider in arriving at an appropriate child support order.

 

Posted in FAQ Categories:
Divorce & Family Law

How Can Child Support Be Modified?

Child support may be modified three years after the entry of the last order of support.

Otherwise, child support can be modified, prior to the expiration of three years after the entry of the last order, only if a substantial change in circumstances has occurred. Substantial changes of circumstance would include things such as the loss of a job, a change in parenting rights, etc.

Any agreement between parties to modify child support (either upward or downward) should be in writing and filed with the Court; otherwise, it may not be enforceable by the Court in the event of a future dispute.

 

Posted in FAQ Categories:
Divorce & Family Law

Can I Be Ordered To Pay My Child’s College Education Expenses?

No. The Courts no longer have authority to order either party to contribute toward a child’s college education.

Posted in FAQ Categories:
Divorce & Family Law

Does New Hampshire Recognize Alimony?

Yes. The Court has the discretion to award alimony. In determining whether an alimony award is appropriate, the Court will consider whether the spouse requesting alimony has a financial need and whether the spouse from whom alimony is sought as the financial ability to pay. If the Court finds there is a need for alimony and an ability to pay alimony, the following are some of the factors that the Court will consider in determining the amount and duration of the alimony award:

• The length of the marriage;

• The age and health of the parties at the time of the divorce;

• The ability to earn income of each spouse;

• Future financial prospects of each spouse;

• The parties’ respective contributions during the marriage; and

• Fault grounds for the marital breakdown.

Unlike child support, which is oftentimes calculated based upon a mathematical formula, there is no such formula for calculating the amount and duration of alimony.

 

Posted in FAQ Categories:
Divorce & Family Law

How Is Property Divided?

In New Hampshire, property is defined as all tangible and intangible property and assets belonging to either or both parties. In the first instance, the Court presumes that an equal division of property is equitable. The Court has the discretion to order an unequal division of property if it concludes that an equal division would not be appropriate or equitable. Any one or more of the following factors, if found by the Court to exist, could result in an unequal property division:

• Duration of the marriage;

• Age, health, occupation, employability of each spouse;

• The ability for future acquisition of assets or income;

• The custodial parent’s ability to become gainfully employed;

• The need of the custodial parent to remain in the marital residence;

• The actions of either party relative to the growth or diminution of assets;

• Significant disparity in each spouse’s contributions, both financial and homemaking;

• Tax consequences of the property division;

• The value of property acquired to the marriage or subject to a valid prenuptial agreement;

• The fault of either party; and

• Any other factor the Court considers relevan

Posted in FAQ Categories:
Divorce & Family Law

My Spouse Owns Assets In His/Her Individual Name. Will Those Assets Be Considered Marital Property?

The manner in which an asset is owned—i.e., in one spouse’s name instead of jointly held—does not exclude it from being considered property subject to division in the divorce. For example, if your spouse accumulated a pension benefit during the course of the marriage, you have a marital interest in the pension benefit even though ownership of the asset is held in your spouse’s individual name. Likewise, if the deed to the marital residence is held in one spouse’s name, the other spouse still has a marital interest in the equity accumulated in the property. While other factors may impact how the Court divides the assets, the manner in which an asset is owned, or title to an asset is held, is not determinative.

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Divorce & Family Law

What Is The Standard for Valuing Property?

Fair market value is the standard by which assets are values. The Court does not use replacement value, retail value, or trade-in value. Oftentimes, parties will need to have assets appraised to determine fair market value.

Posted in FAQ Categories:
Divorce & Family Law

Does New Hampshire Recognize Prenuptial Agreements?

Yes. New Hampshire will recognize prenuptial or antenuptial agreements. However, the validity of such agreements are oftentimes challenged once the divorce begins. If a spouse challenges the validity of the prenuptial or antenuptial agreement, some of the factors it will consider include:

• The length of the marriage;

• Whether both parties were represented by attorneys in drafting and negotiating the terms of the prenuptial or antenuptial agreement;

• Whether both parties fully disclosed their financial circumstances at the time the prenuptial or antenuptial agreement was executed;

• Whether both parties executed the prenuptial or antenuptial agreement freely and voluntarily; and

• Whether enforcing the terms of the prenuptial or antenuptial agreement would produce a grossly unfair result to one party.

 

Posted in FAQ Categories:
Divorce & Family Law

Why Should I Hire Douglas, Leonard & Garvey as My Divorce and Family Law Attorneys?

Many lawyers claim to have divorce and family law experience. We recognize the long lasting impact on you and your family. We have experience in all aspects of divorce and family law. As experienced trial lawyers, we will protect you and your family.

Please contact us for a confidential consultation at 1-800-240-1988 or complete our contact form online.

Our guide, How to Choose a Divorce and Family Law Lawyer, provides answers to some questions you may have about hiring the right attorney for your case. Our Video Library may answer more of your questions.

 

Posted in FAQ Categories:
Divorce & Family Law

What Is Age Discrimination?

Under the Age Discrimination Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. These protections apply to both employees and job applicants and mean that it is unlawful to discriminate against a person because of his/her age with respect to hiring, training, benefits, promotion, firing, layoffs, and other terms, conditions and privileges of employment

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Age Discrimination

Before I Was Hired, The Employer Asked About My Age. Is That Illegal?

The ADEA specifically does not prohibit an employer from asking an applicant’s age or date of birth.

Posted in FAQ Categories:
Age Discrimination

How Will Having a Criminal Record Affect My Life?

A criminal record can have a major impact on a person’s future. Everything from employment opportunities to student loans to insurance to loss of civil rights can result from a criminal conviction.

Posted in FAQ Categories:
Criminal Defense

I Have Been Layed Off And Replaced By An Employee With Less Experience And Who Is Much Younger. Do I Have A Claim for Age Discrimination?

It depends on the circumstances of your layoff. Age discrimination can be a subtle form of discrimination and is often hard to prove. It is necessary for a prompt investigation to be conducted in order to determine whether your job was taken away as a result of your age. Your employer would need to state a reason other than your age for your denial.

 

Posted in FAQ Categories:
Age Discrimination

Should I Talk to the Police?

Not without consulting an experienced criminal defense lawyer. An innocent person can provide information that police construe as evidence of a crime, a person who committed a minor offense can provide evidence that leads to felony prosecution, and a person who committed a serious offense can unwittingly provide the evidence that leads to his or her conviction. Only an experienced criminal attorney can provide the advice needed to make this crucial decision.

Posted in FAQ Categories:
Criminal Defense

What if the Police Did Not Read Me My Miranda Rights Like I’ve Seen on TV?

The fact that the police failed to read a suspect his or her Miranda rights does not necessarily mean that the case will be dismissed. Miranda warnings only apply if two things are true:

(1) the person was under arrest or otherwise seized by the police;

(2) the person made a statement in response to questioning by the police.

Unless both of these two factors are present, it is probably irrelevant that the police did not read Miranda. Even if both of these things did happen, however, the remedy is that any statement that might have been made as the result of the custodial interrogation must be suppressed. If the police can prove their case by other evidence, the case will not necessarily be dismissed.

Posted in FAQ Categories:
Criminal Defense

If I Do Not Talk to the Police, Won’t That Make Me Look Guilty to a Jury?

No! This is one of the biggest misconceptions in the law. The Miranda warnings that you have seen read to suspects on TV and in movies are incomplete and potentially misleading. When a person is arrested, the police officer will usually advise that person that he or she has a right to remain silent. What the officer does not tell that person is that if the he or she does remain silent, the prosecution will not be allowed to use that fact against him in the trial. The jury will not know whether the defendant made a statement to the police or not.

Posted in FAQ Categories:
Criminal Defense

Why Do I Need a Lawyer if I Know I am Guilty?

There are a number of reasons that a person who believes he or she is actually guilty might want the assistance of an attorney. A person may feel morally guilty while being legally innocent. Many times the police “overcharge” a case, either by improperly bringing multiple charges or charging a more serious offense. The police also may have violated your constitutional rights. The police violation of rights may be more serious than the offense that you are charged with committing. Finally, even if the police are able to prove their case against you, you still may need an experienced lawyer to negotiate a fair sentence on your behalf. There are a practically unlimited number of ways that a sentence can be structured. A person charged with a crime should try to get the best, most fair outcome that they can.

Posted in FAQ Categories:
Criminal Defense

How Will My Criminal Defense Lawyer Get Paid?

Like most criminal law cases, criminal defense cases are typically handled on an hourly fee arrangement.

Posted in FAQ Categories:
Criminal Defense

Why Should I Hire Douglas, Leonard & Garvey, P.C. as My Criminal Defense Lawyers?

Many lawyers claim to have criminal defense experience. Our criminal defense lawyers regularly represent clients to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.

Our guide, How to Choose a Criminal Defense Lawyer, provides answers to some questions you may have about hiring the right attorney for your case. Our Video Library may answer more of your questions.

 

Posted in FAQ Categories:
Criminal Defense

How Will My Employment Lawyer Get Paid?

Like most employment law cases, age discrimination cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.

Posted in FAQ Categories:
Age Discrimination

Does a Bad Result Mean It Is Malpractice?

No.  There are no absolute guarantees regarding medical procedure outcomes. Some results may be unavoidable or unexpected meaning that a “bad result” may not be due to medical malpractice. A New Hampshire medical malpractice claim requires that the healthcare professional must have been negligent in treating the patient. To determine if a medical professional was negligent and caused the patient’s injury, the patient must be able to establish certain elements to the cou

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Medical Malpractice

Do I Have a New Hampshire Medical Malpractice Claim?

To be successful in a medical malpractice in New Hampshire, your lawyer must prove that a doctor or other medical provider failed to act in accordance with the standard of professional care expected of that provider and the injury was suffered as a result of the medical malpractice. In action for medical malpractice, an expert witness, usually a doctor, is required to establish the standard of care and the injury was a result of the medical malpractice.

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Medical Malpractice

What Is Wrongful Termination?

Under New Hampshire law, wrongful termination, sometimes called wrongful discharge, relates to the wrongful firing of an “at will” employee. This means that an employee has done something that public policy encourages or refused to do something that public policy discouraged and the employer retaliated against the employee by terminating their employment. This type of termination or discharge is an exception to the employment-at-will.

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Wrongful Termination

What is Employment At-Will?

Employment at will refers to employees that do not have an employment contract for a stated period of time. Some employees have a contract with their employers that states they will be employed for a specific period of time. However, most New Hampshire employee are at-will employees. This means that they can be fired for any reason or no reason provided it is not for an illegal or discriminatory reason.

Posted in FAQ Categories:
Wrongful Termination

What are Some Examples of a Wrongful Termination Claim?

The facts and circumstances that can give rise to a cause of action for a wrongful termination or wrongful discharge case varies.

Posted in FAQ Categories:
Wrongful Termination

Can I get My Medical Records?

Yes. Under New Hampshire law you are entitled to get complete copies of your medical records. The medical provider is entitled to charge for photocopying costs.

Posted in FAQ Categories:
Medical Malpractice

Does My Employer Have to Give Me a Reason for My Termination?

No. Under New Hampshire law, an employer does not need to give or state a reason to terminate an employee.

Posted in FAQ Categories:
Wrongful Termination

How Much Is My Case Worth?

The value of any medical malpractice claim is determined by the facts and circumstances of the particular case. Damages that are recoverable in such a claim include compensatory damages to reimburse or compensate the injured party for financial and non-financial losses as a result of the injuries. Lost wages and medical expenses are examples of financial losses that are recoverable, along with future earnings and any future medical treatment that may be necessary. New Hampshire law also provides for the recovery of emotional distress, pain and suffering, loss of consortium and damages for any permanent injuries. Also, New Hampshire law allows for the recovery of hedonic or loss of enjoyment of life damages. These damages compensate an injury victim where they cannot enjoy or do things they were able to do prior to their injury.

Posted in FAQ Categories:
Medical Malpractice

What If I Am Not Sure of the Reason for My Termination?

Many wrongful termination cases develop where an employee believes they were wrongfully terminated but were not given a good or legitimate reason for the termination. At this point, it may take further investigation between you and an experienced employment lawyer to expose the underlying motivation for the termination.

Posted in FAQ Categories:
Wrongful Termination

Is There a Charge to Review My Claim?

No. The attorneys at Douglas, Leonard & Garvey will provide a free evaluation.

Posted in FAQ Categories:
Medical Malpractice

What Damages Are Recoverable in a Wrongful Termination Claim?

Under New Hampshire law, you are entitled to receive damages for any lost wages (back or front pay), lost benefits (such as insurance coverage, 401(k) contributions), emotional distress damages, as well as any other expenses or damages related to your termination (such as counseling or medical bills).

Posted in FAQ Categories:
Wrongful Termination

Are Medical Malpractice Cases Expensive to Bring?

The insurance companies for doctors, nurses, other hospital staff members or other healthcare workers, vigorously contest medical malpractice claims. Bringing a medical malpractice claim also requires retaining experts, usually a doctor, to establish the industry standard of care for treatment to patients and that the injury was a result of medical malpractice, which is very expensive. This is why you need to hire an experienced lawyer with the resources to devote the time and expenses to your case.

Posted in FAQ Categories:
Medical Malpractice

How Will My Medical Malpractice Lawyer Get Paid?

Typically, victims of medical malpractice are represented on a contingency fee arrangement, which means the attorneys only get paid from any settlement, recovery or verdict in your case.

Posted in FAQ Categories:
Medical Malpractice

Why Should I Hire Douglas, Leonard & Garvey, P.C. as My Employment Lawyers?

Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees. Our loyalty is simple – we represent employees.

Our employment lawyers regularly represent clients at the EEOC and New Hampshire Human Rights Commission as well as try cases to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.

Our guide, How to Choose an Employment Lawyer, provides answers to some questions you may have about hiring the right attorney for your case. Our Video Library may answer more of your questions.

 

Posted in FAQ Categories:
Wrongful Termination

Why Have Douglas, Leonard & Garvey As My Medical Malpractice Lawyer?

Our lawyers have the necessary trial experience to fight to protect your rights in these challenging cases. Prosecuting a significant medical malpractice often requires tens of thousands of dollars to hire experts and pay for litigation of trial costs. We are committed to the necessary time and resources for these cases. If you do not have the medical malpractice attorney willing to make that commitment, your case will be at a disadvantage which may mean settling the case too early for less than the case is worth.

Please call us for a free and confidential consultation at 1-800-240-1988 or complete our contact form online.

 

Posted in FAQ Categories:
Medical Malpractice

What Is The New Hampshire Commission for Human Rights?

This is the state agency established by New Hampshire law for the purpose of eliminating discrimination in employment, as well as other settings, because of age, sex, sexual orientation, race, creed, color, marital status, familial status, physical or mental disability or national origin. The Human Rights Commission receives complaints of discrimination and investigates illegal discrimination

Posted in FAQ Categories:
Employment Law

What Are The Categories Of Illegal Discrimination In Employment?

A person may be subject to unlawful discrimination on the basis of age, sex, race, creed (religion) color, marital status, physical or mental disability, national origin or sexual orientation.

Posted in FAQ Categories:
Employment Law

What Is The Equal Employment Opportunity Commission?

The EEOC is the federal agency that handles employment discrimination claims.

Posted in FAQ Categories:
Employment Law

Does My Employer Have To Give Me A Reason For Firing Me?

Under New Hampshire law, an employer does not have to give a reason for terminating an employee.

Posted in FAQ Categories:
Employment Law

What is At-Will Employment?

Under New Hampshire law, most employees are considered “at-will” employees. An at-will employee can be terminated for any reason or no reason as long as the termination is not based on an illegal or discriminatory reason.

Please go to Wrongful Termination for more information.

 

Posted in FAQ Categories:
Employment Law

What Is A Whistleblower’s Claim?

Under New Hampshire law, an employee may file a Whistleblower’s Complaint with the New Hampshire Department of Labor. Depending on the circumstances of the termination, a Whistleblower’s Complaint may be based on an employee reporting a violation of a law or a rule.

Please go to Whistleblower Complaint for more information

Posted in FAQ Categories:
Employment Law

I Am Pregnant. Do I Have Any Protection Under The Law?

An employer may not discriminate against someone for pregnancy-related conditions. However, an employer may require its employee to submit a doctor’s statement concerning their inability to work before granting leave or paying sick benefits. Discrimination on the basis of any pregnancy-related condition constitutes unlawful sex discrimination.

Please go to Pregnancy Discrimination for more information.

 

Posted in FAQ Categories:
Employment Law

What Is The Family Medical Leave Act?

This is a federal law that allows anyone who works in a company of fifty (50) or more employees to take up to twelve (12) weeks of medical leave a year. In order to qualify for the Family medical Leave Act, an employee must meet certain requirements that are set forth in the law. Some of these requirements include that to be an eligible employee, you must have worked for the employer for at least twelve (12) month and one thousand two hundred fifty (1,250) hour in the year preceding the request for leave.

Please go to Family Medical Leave Act for more information

Posted in FAQ Categories:
Employment Law

What Damages Can I Get In A Wrongful Termination Case?

Under New Hampshire law, you are entitled to receive damages for any lost wages (back or front pay), lost benefits (examples include insurance coverage, 401(k) contributions), emotional distress damages as well as any other expenses incurred as a result of your termination (such as counseling or medical bills)

Posted in FAQ Categories:
Employment Law

I Have Not Lost My Job But I Feel I Have Experienced Pregnancy Discrimination. Do I Have A Claim?

worried about job

It is not necessary for a pregnant woman to have lost her job to have a valid pregnancy discrimination claim. Pregnancy discrimination takes many forms such as leaving your job because of a pregnancy, but it also can involve harassing a pregnant woman, making harassing statements, stripping of her primary job responsibilities, or giving her less desirable work. These are just some examples to show that pregnancy discrimination does not have to involve being fired from your job.

I Believe My Employer Is Discriminating Against Me, Do I Have A Claim?

Discrimination is only illegal if it is because you belong to a legally-protected category. These protective categories include age, sex, sexual orientation, race, creed (religion), color, marital status, physical or mental disability or national origin as well as veteran/military status.

Please go to Employment Law areas for more information.

 

Posted in FAQ Categories:
Employment Law

Should I Have An Attorney Review The Severance Package I Was Offered Before I Sign It?

Yes. As a part of the severance package, your former employer is requiring you to sign away or waive certain rights you have in order to receive the severance benefits being offered. The most important right or protection you are waiving is your ability to sue or file a lawsuit against your former employer. Other common components of a severance agreement include a confidentiality agreement.

Because you are waiving rights and protections, it is important to have a severance agreement reviewed by an experienced employment lawyer.

Please go to Severance Agreements for more information.

 

Posted in FAQ Categories:
Employment Law

Do I Need To Hire An Employment Lawyer?

Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain to you your rights, whether you have an employment case and, if so, what damages you may be entitled to receive under the law.

Our guide, How to Choose an Employment Lawyer, provides answers to questions you may have about hiring the right lawyer for your employment law case.

 

Posted in FAQ Categories:
Employment Law

Why Should I Hire Douglas, Leonard & Garvey, P.C. as My Employment Lawyers?

Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees. Our loyalty I simple – we represent employees.

Our employment lawyers regularly represent clients at the EEOC and New Hampshire Human Rights Commission as well as try cases to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.

 

Posted in FAQ Categories:
Employment Law

What Is Race Discrimination?

It is unlawful to discriminate against any employee or applicant for employment because of race or color in regard to hiring, termination, promotion, compensation, job training or any other term, condition or privilege of employment. Employment decisions based on stereotypes and assumptions about abilities, trades, or the performance of individuals of certain racial groups is also prohibited.

Posted in FAQ Categories:
Race Discrimination

I Am Being Harassed At Work Based On My Race. Is That Illegal?

Harassment on the basis of race and/or color can violate state and federal anti-discrimination statutes. Ethnic slurs, racial “jokes,” offensive or derogatory comments, or other verbal or physical conduct based on an individual’s race/color constitutes unlawful harassment if the conduct creates an intimidating, hostile, or offensive working environment, or interferes with the individual’s work performance.

Posted in FAQ Categories:
Race Discrimination

Is An Employer Allowed To Segregate Minority Employees From The Other Employees?

Anti-discrimination statutes prohibits minority employees from being segregated by physically isolating them from other employees or from customer contact. It may also be illegal to exclude minorities from certain positions or to group or categorize employees or jobs so that certain jobs are generally held by minorities.

Posted in FAQ Categories:
Race Discrimination

What Protections Do I Have if I File a Discrimination Charge?

It is unlawful to retaliate against an individual for opposing employment practices that discriminate for filing a discrimination charge, testifying, or participating in any way an investigation, proceeding or litigation for unlawful discrimination.

Posted in FAQ Categories:
Race Discrimination

How Do I File a Charge of Discrimination?

Our Guide to Filing a Charge of Employment Discrimination will provide you some answers to starting the process of protecting your rights.

What If My Employer Retaliates Against Me For Filing A Complaint?

It is unlawful to retaliate against a person for imposing employment practices that discriminate based on sex or filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding or litigation under state or federal sexual harassment laws.

Posted in FAQ Categories:
Race Discrimination

Do I Need to Hire an Employment Lawyer?

Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case, and if so, what damages you may be entitled to receive under the law.

Posted in FAQ Categories:
Race Discrimination

How Will My Employment Lawyer Get Paid?

Like most employment law cases, National Origin discrimination cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.

Posted in FAQ Categories:
Race Discrimination

How Common Are Brain Injuries?

brain2According to the Centers for Disease Control and Prevention, 2.5 million emergency room visits, hospitalizations or deaths were associated with a traumatic brain injury in 2010.

Posted in FAQ Categories:
Brain injury

What Is National Origin Discrimination?

Whether an employee or a job applicant’s ancestry is Mexican, Ukrainian, Filipino, Arab, American Indian, or any other nationality, he or she is entitled to the same employment opportunities as anyone else. National Origin Discrimination means treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity or accent or because it is believed that he or she has a particular ethnic background. It can also mean treating someone less favorably at work because of marriage or other association with someone of a particular nationality.

Posted in FAQ Categories:
National Origin Discrimination

Are Employers Allowed To Pay Me Less Because Of My Nationality?

No. Paying an employee less because of his or her national origin is unlawful workplace discrimination.

Posted in FAQ Categories:
National Origin Discrimination

Can My Employer Refuse To Promote Me Because Of My National Origin?

No. Refusing to promote an employee because of that individual’s national origin is prohibited.

Posted in FAQ Categories:
National Origin Discrimination

What Is The Employer’s Obligation Regarding Workplace Harassment?

Employers must provide a workplace that is free of harassment based on national origin, ethnicity or religion. They may be liable not only for harassment by supervisors but also by co-workers.

Posted in FAQ Categories:
National Origin Discrimination

What If My Employer Retaliates Against Me For Filing A Complaint?

It is unlawful to retaliate against a person for imposing employment practices that discriminate based on sex or filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding or litigation under state or federal sexual harassment laws.

Posted in FAQ Categories:
National Origin Discrimination

Do I Need to Hire an Employment Lawyer?

Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case, and if so, what damages you may be entitled to receive under the law.

Posted in FAQ Categories:
National Origin Discrimination

What Protections Do I Have if I File a Discrimination Charge?

It is unlawful to retaliate against an individual for opposing employment practices that discriminate for filing a discrimination charge, testifying, or participating in any way an investigation, proceeding or litigation for unlawful discrimination.

Posted in FAQ Categories:
National Origin Discrimination

How Will My Discrimination Lawyer Get Paid?

Like most employment law cases, National Origin discrimination cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.

Posted in FAQ Categories:
National Origin Discrimination

Why Should I Hire Douglas, Leonard & Garvey, P.C. as My Discrimination Lawyers?

Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees.

Our loyalty is simple – we represent employees.

Our employment lawyers regularly represent clients at the Department of Labor, EEOC and New Hampshire Human Rights Commission as well as try cases to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.

 

 

Posted in FAQ Categories:
National Origin Discrimination

What Is Gender Discrimination?

It is unlawful to discriminate against any employee or applicant because of his/her sex in regarding to hiring, termination, promotion, compensation, job training or any other term, condition or privilege of employment. Sex or gender discrimination covers sexual harassment and pregnancy-based discrimination.

Posted in FAQ Categories:
Gender Discrimination

Can I Be Paid Less Than My Male Co-Workers Just Because I Am A Woman?

No. Under certain circumstances, men and women must be given equal pay for equal work. There are certain protections that prohibit compensation discrimination on the basis of sex.

Posted in FAQ Categories:
Gender Discrimination

What Protections Do I Have If I File A Discrimination Charge?

It is unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way an investigation, proceeding or litigation for unlawful discrimination.

Posted in FAQ Categories:
Gender Discrimination

How Do I File a Charge of Discrimination?

Our Guide to Filing a Charge of Employment Discrimination will provide you some answers to starting the process of protecting your rights.

Do I Need to Hire an Employment Lawyer?

Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case, and if so, what damages you may be entitled to receive under the law.

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Gender Discrimination

How Does My Employment Lawyer Get Paid?

Like most employment law cases, Gender discrimination cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.

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Gender Discrimination

Why Should I Hire Douglas, Leonard & Garvey, P.C. as My Gender Discrimination Lawyers?

Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees. Our loyalty is simple – we represent employees.

Our employment lawyers regularly represent clients at the Department of Labor, EEOC and New Hampshire Human Rights Commission as well as try cases to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.

Our guide, How to Choose an Employment Lawyer, provides answers to some questions you may have about hiring the right attorney for your case. Our Video Library may answer more of your questions.

 

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Gender Discrimination

What Is Disability Discrimination?

Under the Americans With Disabilities Act of 1990, employers are prohibited from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.

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Disability Discrimination

Is The ADA Limited By The Size Of The Employer?

Yes, The ADA covers employers with 15 or more employees.

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Disability Discrimination

What Is A Qualified Employer Applicant?

This means an individual who, with or without reasonable accommodation, can perform the essential functions of the job.

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Disability Discrimination

What Are Some Examples Of Reasonable Accommodation?

These can include but are not limited to making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring, modifying work schedules, reassignment to a vacant position; and acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials or policies and providing qualified readers or interpreters.

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Disability Discrimination

Is An Employer Required To Make All Reasonable Accommodations?

No. An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employer if it would not impose an “undue hardship” on the operation of the employer’s business. An employer is not required to expend significant money or significant difficulty taking into consideration the employer’s size, financial resources and the nature and structure of its business

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Disability Discrimination

I Cannot Meet The Quotas Imposed By My Job. Is My Employer Required To Lower Them For Me?

It all depends on the requirements of your job, but an employer is not required to low quality or production standards to make an accommodation.

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Disability Discrimination

Do I Need to Hire an Disability Lawyer?

Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ disability rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case, and if so, what damages you may be entitled to receive under the law.

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Disability Discrimination

What If My Employer Retaliates Against Me For Filing A Discrimination Complaint?

It is unlawful to retaliate against a person for opposing employment practices that discriminate based on disability or filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding or litigation under state or federal sexual harassment laws.

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Disability Discrimination

What Is Religious Discrimination?

This means that employers are prohibited from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of the employment.

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Religious Discrimination

Can An Employer Treat Me Different Because Of My Religious Beliefs?

Employers may not treat employees or applicants more or less favorable because of their religious beliefs or practices – except to the extent a religious accommodation is warranted.

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Religious Discrimination

Can An Employer Refuse To Hire An Employee Because Of Their Religious Affiliation or Belief?

An employer may not refuse to hire individuals of a certain religious affiliation or belief.

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Religious Discrimination

Does My Employer Have To Make A Reasonable Accommodation With Regard To Religious Holidays and Customs?

An employer is not required to accommodate an employee’s religious beliefs and practices if doing so would impose an undue hardship on the employer’s legitimate business interests. An employer can show undue hardship if accommodating an employee’s religious practices requires more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employees’ job rights or benefits, along with other instances.

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Religious Discrimination

Is An Employer Allowed To Limit Religious Expression By Employees?

Employers must permit employees to engage in religious expression, unless the religious expression would impose an undue hardship on the employer. This means that an employer may not place more restrictions on religious expression than on other forms of expression that have a similar effect on workplace efficiency.

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Religious Discrimination

What Protections Do I Have if I File a Religious Discrimination Charge?

It is unlawful to retaliate against an individual for opposing employment practices that discriminate for filing a discrimination charge, testifying, or participating in any way an investigation, proceeding or litigation for unlawful  religious discrimination.

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Religious Discrimination

What is a Wage and Hour Claim?

Wage and hour disputes can involve issues involving wages, hours, compensation and overtime. They also involve withholding of earned pay as well as the incorrect interpretation of your status under the Fair Labor Standards Act (FLSA) and state laws.

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Overtime & Wage Claims

When Must Overtime be Paid?

Unless exempt by the Fair Labor Standards Act, overtime is paid to hourly employees at the rate of time and one-half of the employee’s regular rate of pay for all hours actually worked over forty (40) in one week.

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Overtime & Wage Claims

What is the Main Difference Between Paying on Salary Versus Being Paid by the Hour?

An hourly employee is paid for all time worked including overtime, if applicable. A salaried employee receives a fixed amount of money for compensation regardless of the quantity or quality of the work performed or the number of hours and days which the work is performed.

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Overtime & Wage Claims

What is the Minimum Number of Hours Per Day an Employee Must Be Paid When Reporting to Work?

An employee who reports to work at the employer’s request must be paid for a minimum of two (2) hours, unless the employer can contact the employee prior to the employee arriving at work.

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Overtime & Wage Claims

When are Wages Due Upon Separation From Employment?

Under New Hampshire law, if an employee quits or resigns, the wages are due by the next regular pay day. However, if the employee is fired, the wages are due within seventy-two (72) hours from the time of the termination.

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Overtime & Wage Claims

Am I Entitled to Receive a Copy of My Personnel File?

Yes, an employee, whether present or former employee, must be given access to review or be given a copy of their own personnel file, whether maintained in one or more locations.

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Overtime & Wage Claims

What is Considered Retaliation Under the Employment Discrimination Statutes?

An employer is prohibited from taking adverse action against any employee or individual for engaging in “protected activity” under Anti-Discrimination statutes. Adverse actions include, but are not limited to, firing, demotion, refusal to hire or any action which may deter individuals from reporting discriminatory conduct or otherwise engaging in protected activity under discrimination statutes.

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Retaliation

What Would Not Be An Adverse Action or Retaliation?

Adverse actions or retaliation, do not include petty slights and annoyances, such as stray negative comments, in an otherwise positive or neutral evaluation, “snubbing” a colleague or negative comments that are justified by an employee’s poor work performance or history.

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Retaliation

What Discrimination Actions Have Protection Against Retaliation?

All the laws enforced by the Equal Employment Opportunity or the New Hampshire Commission for Human Rights provide protection against retaliation. The American for Disabilities Act also protect individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights and their encouragement of someone else’s exercise of rights.

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Retaliation

What Is the Main Purpose of a Severance Agreement?

The main purpose of Severance Agreements for the employer is to obtain a waiver of all your rights so that you are not able to sue the employer after you leave your employment. Typically, the employer offers to pay you compensation or wages to get you sign the Severance Agreement. The employer’s goal with the Severance Agreement is to protect its own interests

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Severance Agreements

Who Drafts the Severance Agreement?

Severance Agreements are drafted by the employer or the employer’s lawyers. It is important to keep in mind that the Severance Agreement contains terms that is designed primarily to protect the interests of the employer.

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Severance Agreements

Does My Employer Have to Offer Me Severance Pay?

Under New Hampshire law, an employer does not have to offer severance unless there is a policy. Offering severance is different that if you are owed vacation pay or sick time after you are being separated from employment.

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Severance Agreements

Is a Non-Compete Agreement Part of a Severance Agreement?

It depends on the lawyer drafting the Severance Agreement. Sometimes a company and its lawyer will try to include a non-compete agreement as a part of any Severance Agreement being offered to you. It is important to be aware of that because that provision could affect your ability to work for a competitor or even to start your own business.

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Severance Agreements

Can My Employer Pressure Me Into Signing a Severance Agreement?

No. But employers sometimes do try to pressure employees to sign Severance Agreements. It is understandable that you may be facing a financial hardship but you need to take the time to review all terms of the Severance Agreement with an experienced employment lawyer. Depending on the specifics of your case, some Severance Agreements provide a certain time period in order to allow you to review the Severance Agreement as well as containing a limited time period for you to revoke your acceptance of the Severance Agreement.

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Severance Agreements

Can I Still Use FMLA Leave During Pregnancy or After The Birth Of A Child?

NH FMLA – Yes. An employee may use FMLA leave during pregnancy or after the birth of a child. A mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated (due to pregnancy or child birth).

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Family and Medical Leave

Can I Continue To Use FMLA For Leave Due To My Chronic Serious Health Condition?

Employees may use FMLA leave for any period of incapacity or treatment due to a chronic serious health condition. A chronic serious health condition means one that (1) requires “periodic visits” for treatment by a health care provider or nurse under the supervision of the health care provider, (2) continues over an extended period of time, and (3) may cause episodic rather than continuing periods of incapacity.

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Family and Medical Leave

I Have 12 Months Of Service With My Employer, But They Are Not Consecutive. Do I Still Qualify For FMLA?

You may. In order to be eligible to take leave under the FMLA, an employee must

(1) work for a covered employer,

(2) work 1,250 hours during the 12 months prior to the start of leave,

(3) work at a location where 50 or more employees work at that location or within 75 miles of it, and

(4) have worked for the employer for 12 months.

The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave.

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Family and Medical Leave

If I Have To Miss Work Due To National Guard Or Reserve Duty, Will This Affect My Eligibility For FMLA Leave?

No. The men and women serving in the military are protected from a break in service due to an employee’s fulfillment of military obligations must be taken into consideration when determining whether an employee has been employed for 12 months or has the required 1,250 hours of service.

Under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), hours that an employee would have worked but for his or her military service are credited toward the employee’s required 1,250 hours worked for FMLA eligibility. Similarly, the time in military service also must be counted in determining whether the employee has been employed at least 12 months by the employer.

 

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Family and Medical Leave

How Soon After I Provide Notice of the Need for Leave Must My Employer Determine Whether I am eligible for FMLA Leave?

Absent extenuating circumstances, an employer must notify an employee of whether the employee is eligible to take FMLA leave (and, if not, at least one reason why the employee is ineligible) within five business days of the employee requesting leave or the employer learning that an employee’s leave may be for a FMLA-qualifying reason.

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Family and Medical Leave

How Much Notice Must I Give Before Taking FMLA Leave?

When the need for leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment, an employee must give at least 30 days notice. If 30 days notice is not possible, an employee is required to provide notice “as soon as practicable.” In all cases, however, the determination of when an employee could practicably provide notice must account for the individual facts and circumstances. When the need for leave is unforeseeable, employees are required to provide notice as soon as practicable under the facts and circumstances of the particular case.

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Family and Medical Leave

What Information Must An Employee Give When Providing Notice Of The Need For FMLA Leave?

When an employee seeks leave for the first time for a FMLA-qualifying reason, the employee does not need to specifically assert his or her rights under FMLA, or even mention FMLA. The employee must, however, provide “sufficient information” to make the employer aware of the need for FMLA leave and the anticipated timing and duration of the leave.

Such information may include that a condition renders the employee unable to perform the functions of the job; that the employee is pregnant or has been hospitalized overnight; whether the employee or the employee’s family member is under the continuing care of a health care provider; or if the leave is to care for a family member, that the condition renders the family member unable to perform daily activities.

Additionally, the regulations require an employee seeking leave due to a FMLA-qualifying reason for which the employer has previously provided FMLA-protected leave either to reference specifically the qualifying reason for leave or the need for FMLA leave. In all cases, an employer should inquire further if it is necessary to have more information about whether FMLA leave is being sought by an employee.

 

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Family and Medical Leave

Do I Have To Give My Employer My Medical Records For Leave Due To A Serious Health Condition?

No. An employee is not required to give the employer his or her medical records. The employer, however, does have a statutory right to request that an employee provide medical certification containing sufficient medical facts to establish that a serious health condition exists.

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Family and Medical Leave

May My Employer Contact My Health Care Provider About My Serious Health Condition?

Contact between an employer and an employee’s health care provider must comply with the Health Insurance Portability and Accountability Act (HIPAA) privacy regulations. Employers may contact an employee’s health care provider for authentication or clarification of the medical certification by using a health care provider, a human resource professional, a leave administrator, or a management official. Employers may not ask the health care provider for additional information beyond that contained on the medical certification form.

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Family and Medical Leave

Can My FLMA Leave Be Counted Against Me For My Bonus?

An employer may deny a bonus that is based upon achieving a goal, such as hours worked, products sold or perfect attendance, to an employee who takes FMLA leave (and thus does not achieve the goal) as long as it treats employees taking FMLA leave the same as employees taking non-FMLA leave.

Example:

Sasha uses ten days of FMLA leave during a quarter for surgery. Sasha substitutes paid vacation leave for her entire FMLA absence. Under Sasha’s employer’s quarterly attendance bonus policy, employees who use vacation leave are not disqualified from the bonus but employees who take unpaid leave are disqualified. Sasha’s employer must treat her the same way it would treat an employee using vacation leave for a non-FMLA reason and give Sasha the attendance bonus.

 

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Family and Medical Leave

Can I Use My Paid Leave As FLMA Leave?

An employee may choose to substitute accrued paid leave for unpaid FMLA leave if the employee complies with the terms and conditions of the employer’s applicable paid leave policy. Substituting paid leave for unpaid FMLA leave means that the two types of leave run concurrently, with the employee receiving pay pursuant to the paid leave policy and receiving protection for the leave under the FMLA. If the employee does not choose to substitute applicable accrued paid leave, the employer may require the employee to do so.

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Family and Medical Leave

What is Combined Adjusted Monthly Gross Income for NH Child Support?

The Payor and Payee’s actual Combined Adjusted Monthly Gross Income (from Line 6, Column 3, of the Child Support Guidelines Worksheet), is used to determine which line of the table, i.e., which 10 dollar range, to use to find the appropriate guideline child support amount.

For example, if the amount entered on Line 6, Column 3, of the Child Support Guidelines Worksheet is $2,726.00, the line on the table that is used to determine the guideline amount is the line listing the 10 dollar range $2,720.00 – $2,729.00, as $2,726.00 falls within that range.

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Child Support

Can I Be Denied My Family and Medical Leave?

NH FMLA – Employees who are eligible to take family and medical leave may be entitled to take as much as twelve (12) weeks of leave. The Family and Medical Leave Act (FMLA) is a federal employment law that allows eligible employees to take up to twelve (12) weeks of unpaid leave from their jobs for the following situations:

  • Your own serious health condition
  • Your child, parent or spouse’s serious health condition
  • The birth or care of a newborn or adopted child

There are many requirements that have to be met in order to take family and medical leave. Unfortunately, once an employee utilizes their rights to take temporary leave from their job, employers may view them as risks for missing more time from work or costing more in health costs. The FMLA protects you against retaliation for taking leave or asking for leave.

If you believe your company has retaliated against you for taking a request for leave, our experienced employment lawyers will protect your rights. Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees. Our loyalty is simple – we represent employees.

We understand the sensitive and difficult nature of these cases and the emotional upset caused by the discrimination. We are dedicated to providing victims of discrimination with dignity and respect. For many reasons it can be difficult for victims to decide to report the discrimination and pursue their legal claims. Time is of the essence because discrimination cases have strict time limits in order to pursue such claims.

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Family and Medical Leave

Can I Sue My Employer For Overtime & Wage Claims?

Yes, an employee can bring a wage claim at the NH Department of Labor or in NH Superior Court.

 

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Overtime & Wage Claims

What Should I Do If I’m Injured?

Your first priority is to get medical treatment. Talk with your doctor about your injury and make a plan to recover.

Posted in FAQ Categories:
Brain injury

Can I Sue The Party Responsible For Causing My Brain Injury?

If you believe you have a claim, your best course of action is to contact an experienced brain injury lawyer who can investigate your case. A lawyer needs to determine if another party was responsible for your injury, which can be complicated. For example, if the brain injury occurred as a result of medical malpractice, then the healthcare providers involved might be responsible. If a negligent driver caused a car accident resulting in brain damage, the driver may be responsible. Regardless of what circumstance causes the injury, it is necessary to investigate in order to determine who is responsible.

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Brain injury

What Type Of Damages Can Be Awarded In a Brain Injury Lawsuit?

Damages depend on a variety of circumstances, so each case is different. However, an experienced lawyer will try to get compensation for medical bills, pain and suffering, lost wages, impaired earning capacity, life care expenses and future expenses.

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Brain injury

Are Brain Injury Cases Difficult to Prove?

Brain injury cases present unique challenges.  Because the injuries can be “invisible,” it is necessary to explain to the insurance companies the significant impact and changes brain injuries can cause to a victim’s life and their family.  Typically, it is necessary to hire experts to present a brain injury case, which is very expensive. You need to hire a lawyer that has the resources to devote the time and expenses to your case.

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Brain injury

Do I Need to Hire An Attorney If I Have Suffered a Brain Injury?

The short answer is yes. Insurance companies have experienced adjusters and lawyers on their side. You need an experienced lawyer representing you to protect your interests. An experienced brain injury lawyer will ensure the insurance company understands the unique issues confronting you as you seek fair compensation.

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Brain injury

Why Should I Have Douglas, Leonard & Garvey as my Lawyers?

Three reasons why: Experience, Experience, and Experience. We understand the unique challenges of these cases. Our lawyers have the trial experience necessary to ensure you receive the full compensation you are entitled to. Without an attorney that has trial experience, you are at a disadvantage and your case may settle too early and not for its full and fair value. Insurance companies and their lawyers know that Douglas, Leonard & Garvey have the reputation and experience of bringing a case to trial if they do not offer full compensation for your injuries.

Please call us for a free and confidential consultation at 1-800-240-1988 or complete our contact form online.

 

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Leonard & Garvey as my Lawyers?

What’s a Class Action Lawsuit?

A class action lawsuit is filed when a person acts as the plaintiff in a lawsuit representing a larger group of people that have similar legal claims against a particular defendant.

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Consumer Class Actions

Why File a Case as a Class Action Lawsuit?

A large group of people with similar injuries can join together and fight their case together. It’s especially helpful when individual claims are small and might not outweigh the cost of legal action. With a group of people, your case is stronger.

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Consumer Class Actions

What are My Obligations as a Member in a Class Action Lawsuit?

Individuals involved in a class action are obligated to tell the truth.

They are not responsible for paying any fees or costs associated with the lawsuit. Generally, individuals involved in the case, who are called class members, are not called upon to assist in any way. However, some class members may provide information that can help with the case.

Class member may also “opt out” of the lawsuit even after it comes to an end. In the event that class members do not like the proposed resolution, or don’t want to be involved with the action, they may exclude themselves from the class within a certain timeframe. There are exceptions to this rule and your attorney will discuss them with you if necessary.

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Consumer Class Actions

How is a Class Member Informed of His or Her Rights?

If the court allows a case to proceed as a class action, the court sends a notice to you that explains your rights. The court will also order additional notices like an advertisement in the newspaper or online.

A class member may also search the internet to find out about class action resolutions and related information. You may also register your claim with the plaintiffs’ attorneys representing the class, who will also send out information about the lawsuit.

 

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Consumer Class Actions

Why and How Does a Class Member Register a Claim?

Class members who register their claim will receive notice directly from the lawyers representing the class if the court gives the case the green light. All registered class members can receive periodic status reports on the progress of the case too.

Registration helps lawyers explain why the class certification is necessary. It also gives a lawyer an idea of how many people are involved and the amount of money needed to resolve the case.

Registered class members are also notified in advance of a case resolution.

 

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Consumer Class Actions

What Do I Do If I Think I May Have a Class Action Against a Company?

You should contact an experienced law firm like Douglas, Leonard & Garvey immediately. Consumers concerned about corporate misconduct refer many of our class action cases to us.

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Consumer Class Actions

Who Pays for the Class Action Lawyers?

In most class action lawsuits, class members are represented by attorneys who are paid on a contingency fee basis.

 

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Consumer Class Actions

What do I do if a dog has bitten me?

If a dog has bitten you, you need to seek medical treatment. Animal bites can cause serious injury and infection. Your initial medical attention will be a record of your injuries and the treatment you received. Also, try to get as much information about the dog’s owner and the dog. The identification of any witnesses is also important.

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Dog Bites

Should I Contact the Police?

Yes. The police will investigate the incident and gather information that’s used to file a claim with the owner’s insurance company.

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Dog Bites

Do I Need Photographs Of My Injuries?

photograph1Yes! 

Maybe you’ve heard the expression that “a picture is worth a thousand words.”  It is important to take photographs of your injuries as soon as possible before they start to heal or fade. You should also take photographs of prescribed treatments.

These photographs will be used to support your claim because they demonstrate your injuries and pain and suffering.

 

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Automobile Accidents
Dog Bites
Motorcycle Accidents
Personal Injury
Slip and Fall Injuries
Spinal Cord & Neck Injuries

If my child is bitten, can I make a claim on his or her behalf?

Yes. Minors can’t bring a claim on their own, so it is common for parents to bring claims on behalf of their injured children. Dog bites can cause serious physical injuries such as scarring as well as emotional trauma to children.

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Dog Bites

Who Is Responsible To Pay For My Damages?

Depending on your case, there is typically an insurance policy available to pay your damages. Most bite victims know the dog’s owner, but you should not be concerned about affecting their finances because insurance will most likely cover the damages.

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Dog Bites

Should I Talk With the Dog Owner’s Insurance Company?

No. You should not discuss your claim with the dog owner’s insurance company until you consult with your lawyer. Frequently, the insurance company will try to get you to agree to give a recorded statement, which can put you at a disadvantage. Many insurance companies count on victims not to get an attorney.

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Dog Bites

How Do I Prove That The Dog Owner Is Liable For My Dog Bite Injuries?

New Hampshire has a law or statute that makes a dog owner “strictly liable” for the harm caused by a dog’s “vicious or mischievous acts.” Generally, this means that the dog owner will be liable for your dog bite injuries without regard to whether the dog owner was careless or knew that the dog could be dangerous.

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Dog Bites

Do I Have To Prove That the Dog Bit Me In Order To Get Damages?

No. New Hampshire law does not require an actual bite, just injuries. There was a recent case in the New Hampshire Supreme Court in which a victim was frightened by an attacking dog, which resulted in the victim falling off their bike and getting hurt. The New Hampshire Supreme Court held that the dog bite statute does not require an “actual bite or other direct physical contact.”

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Dog Bites

How Much Is My Case Worth?

The value of your case depends on a lot of factors. Dog bite injuries can have a devastating physical and emotional effect on the victim. Recoverable damages may include medical expenses, lost earnings and future earning capacity. You would be entitled to recover future medical expenses too, like cosmetic surgery to erase visible scars.

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Dog Bites

Should I hire an attorney to handle a dog bite claim?

Because the dog owner typically has insurance coverage, the insurance company has their own experienced adjusters and lawyers. The insurance company needs to know that you have an attorney that is experienced and willing to bring a case to trial. It is the threat of a trial that puts the pressure on the insurance company to offer you a fair settlement. The insurance company knows which lawyers will try a case and which lawyers just want to settle a case.

 

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Dog Bites

What Are The Most Common Causes Of Motorcycle Accidents?

The most common cause for motorcycle accidents is driver inattention by the other vehicle’s driver. Other causes include speeding, driver inexperience and poor weather or road conditions.

Posted in FAQ Categories:
Motorcycle Accidents

How Do You Value My Case?

Based on our years of experience in handling these types of claims, we can put a value on your case. We make this determination based on several factors including:

  • The fault of the other driver
  • The type and extent of your injuries (mild, moderate or severe)
  • Amount of medical treatment and likelihood of future medical treatment
  • Disabilities (temporary or permanent)
  • Lost wages for missed work and the consideration of future lost earnings
  • Pain and suffering
Posted in FAQ Categories:
Motorcycle Accidents

What Do I Need To Do To File A Claim For My Motorcycle Accident?

First, seek medical attention. Next, find a skilled attorney that has experience with motorcycle accident claims. Your lawyer will investigate your case to determine the responsible party as well as assess your damages. A claim will be made against the at-fault driver’s insurance company.

 

Posted in FAQ Categories:
Motorcycle Accidents

Should I talk to the other driver’s insurance company?

No. You should not discuss your claim with the insurance company until you consult with your lawyer. Frequently, the insurance company will try to get you to agree to give a recorded statement, which can put you at a disadvantage. Many insurance companies count on victims not to get an attorney.

 

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Motorcycle Accidents

How does an attorney investigate my accident?

An experienced motorcycle accident attorney will interview participants and bystanders who may have witnessed your motorcycle crash. These interviews will include you and any passenger, the other driver and any passengers, any bystanders or eyewitnesses. Other valuable information can be learned from the police and ambulance personnel who were called to the scene.

 

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Motorcycle Accidents

How can a reconstruction expert help my case?

An experienced motorcycle accident attorney will investigate your motorcycle accident to get the best evidence available to pursue your claim. A motorcycle accident reconstructionist can help prove the other driver’s fault. A motorcycle reconstructionist can cost thousands of dollars, so it is necessary for you to hire a law firm with the resources to work with such an expert.

Posted in FAQ Categories:
Motorcycle Accidents

Do I Need A Motorcycle Accident Lawyer?

Yes. If you have been a victim in a motorcycle accident, you need a motorcycle accident lawyer because the insurance companies have their own experienced adjusters and lawyers.

Insurance companies want to pay you the least amount to settle your case. Experienced law firms like Douglas, Leonard & Garvey can fight for you and help you get the compensation you deserve.

Posted in FAQ Categories:
Motorcycle Accidents

How Do I Pay My Attorney?

We work on a contingency fee arrangement, which means your fees are paid out of compensation awarded in your case.

Posted in FAQ Categories:
Motorcycle Accidents

What Is The Difference Between a Criminal Case and a Civil Case for a Child’s Sexual Abuse?

A criminal case involves criminal charges against the perpetrator of sexual abuse, which may lead to that person being convicted of the crime and going to jail.

 

A civil claim involves filing a lawsuit against the abuser and all other responsible parties to recover money damages for injuries to the victim.

 

Obviously, no amount of money can undo the scars or return a child’s innocence. Money damages recovered in a civil lawsuit can help with medical costs such as counseling or therapy. Also, a civil lawsuit will help prevent the sexual abuser or other responsible parties from doing or allowing such harm to occur to another child.

 

Posted in FAQ Categories:
Sexual Abuse & Assault

As a Parent, Can I Bring a Claim on Behalf of My Child?

Yes. Under New Hampshire law, a parent can bring an action on behalf of their child who is younger than 18 years old at the time of the abuse.

 

Our guide, New Hampshire Claims for Sexual Abuse of a Minor, may provide answers to more of your questions.

 

Posted in FAQ Categories:
Personal Injury
Sexual Abuse & Assault

Who Is Responsible For The Assault?

This depends on the facts and circumstances of each case. The perpetrator and any other third parties such as organizations that allowed the abuse to occur may be responsible. This can include schools, employers, religious or charitable organizations, teachers, clergy, doctors, family members or acquaintances.

Posted in FAQ Categories:
Sexual Abuse & Assault

Can I Get My Counseling Bills Paid For?

Yes. You may recover damages in a civil claim for sexual abuse for your counseling or therapy expenses. Likewise, you may be entitled to be compensation for other medical expenses incurred as a result of your injuries.

Posted in FAQ Categories:
Sexual Abuse & Assault

What Damages Can I Recover?

Because a sexual abuse claim is a type of personal injury, you may be able to recover damages for physical injuries and emotional distress.

Posted in FAQ Categories:
Sexual Abuse & Assault

How Does My Lawyer Get Paid?

We represent victims of sexual abuse on a contingency fee arrangement. This means we only get paid from any settlement, recovery or verdict we get in your case.

Posted in FAQ Categories:
Sexual Abuse & Assault

Why Choose Douglas, Leonard & Garvey as My Sexual Abuse Lawyer?

Having represented many victims of sexual abuse, we are sensitive to the unique needs of abuse victims. These cases are very complicated and generally are vigorously contested. Bringing a sexual abuse claim may also require retaining experts, usually a counselor, which is expensive. We are committed to devoting the necessary time and expenses for these cases. If you do not have an attorney with the experience and willingness to make that commitment, your case may be at a disadvantage.

Our Consumer Guide to Personal Injury in New Hampshire may answer some of your questions about hiring the right lawyer for your case. Our Video Library may answer more of your questions.

 

Posted in FAQ Categories:
Sexual Abuse & Assault

What Should I Do After a Slip and Fall Accident?

First, seek medical attention for your injuries. In severe cases, this may require an ambulance for transport to the Emergency Department. Sometimes, injuries from a slip and fall accident may not develop immediately, but rather, several days later. In this situation, it is very important that you be examined by a healthcare provider.

Posted in FAQ Categories:
Personal Injury
Slip and Fall Injuries

Should I File An Accident Report?

Work related accident report

Yes. A report provides a record of your accident and provides important details like what the conditions were at the time of your accident and identifies witnesses. The report can be used to strengthen your claim.

Posted in FAQ Categories:
Slip and Fall Injuries

Who is Responsible for My Slip and Fall?

Under New Hampshire law, property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about or should have known about. Governmental organizations may also be liable for a slip and fall. However, there are special reporting requirements for making a slip and fall claim against a governmental organization so time is of the essence.

 

Posted in FAQ Categories:
Slip and Fall Injuries

What If I Slip And Fall At Work?

Depending on the facts of your situation, you should speak with an attorney to discuss your rights. Most work-related injuries are handled through a workers’ compensation claim and you may be eligible to receive workers’ compensation benefits.

Posted in FAQ Categories:
Slip and Fall Injuries

What Type Of Damages Can I Collect In A Slip And Fall Accident?

There are a variety of damages recoverable in a slip and fall case. They generally include reimbursement of medical bills and expenses, lost wages for missed work and compensation for pain and suffering.

Posted in FAQ Categories:
Personal Injury
Slip and Fall Injuries

What Is My Claim Worth?

The value of your claim depends on the facts and circumstances of your accident and the nature and severity of your injuries. Determining the value of your claim requires an experienced slip and fall lawyer because it is necessary to negotiate with the insurance company to make sure you’re fairly compensated. 

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Slip and Fall Injuries

Do I Need a Lawyer for My Slip and Fall Case?

Insurance companies have experienced adjusters and lawyers and rely on the fact that many slip and fall victims do not get a lawyer. They count on that you do not know the fair value of your injuries. Because slip and fall cases can be difficult, most slip and fall cases require an experienced slip and fall lawyer to assist you. The lawyer will initiate an investigation to preserve evidence and identify and locate witnesses. Having an experienced lawyer on your side will protect your rights and make sure you are fully compensated for your injuries

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Slip and Fall Injuries

Why Should I Hire Douglas, Leonard & Garvey?

In slip and fall cases, you are dealing with insurance companies. They have their own experienced lawyers and adjusters, who want to pay you the least amount of money for your claim.


The insurance company needs to know that you have an experienced lawyer who is willing to take your case to court. Many lawyers claim to handle these cases, but Douglas, Leonard & Garvey has the reputation and experience you want in situations like this.

Posted in FAQ Categories:
Slip and Fall Injuries

What is a Spinal Cord Injury?

A spinal cord injury is used to describe any damage to the spinal cord or nerves surrounding it. Typically, broken bones in the neck or back pressing on the spinal cord cause the injury.

Posted in FAQ Categories:
Spinal Cord & Neck Injuries

What are Common Causes of Spinal Cord Injury?

 

There are many causes for spinal cord injuries, but common causes include motor vehicle collisions, falls, sports injuries and other medical conditions.

Posted in FAQ Categories:
Spinal Cord & Neck Injuries

Is A Spinal Cord Injury Permanent?

Any disability associated with a spinal cord injury depends on the severity of the injury. Spinal cord injuries are classified as either complete or incomplete. Complete injuries result in total loss of sensation and function below the injury level. Incomplete injuries result in partial loss.

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Spinal Cord & Neck Injuries

How Common are Spinal Cord Injuries?

How common are spinal cord injuries?

It’s estimated that 276,000 people are living with spinal cord injuries.

Posted in FAQ Categories:
Spinal Cord & Neck Injuries

Do I Need to Hire An Attorney If I Have Suffered a Spinal Cord Injury?

Yes. Insurance companies have experienced adjusters and lawyers on their side trying to settle with you for the least amount of money, which is why you need an experienced lawyer to protect your interests. This is especially true with someone who has suffered a spinal cord injury. Some insurance adjusters and defense lawyers misunderstand the symptoms, consequences and medical treatment for a spinal cord injury.

 

Posted in FAQ Categories:
Spinal Cord & Neck Injuries

Who Can File a Wrongful Death Lawsuit?

Immediate family members, including parents, spouses, and children are eligible to file a claim.

Posted in FAQ Categories:
Wrongful Death

What Damages Are Recoverable In a Wrongful Death Action?

Damages can include compensation for loss of life, mental pain and suffering, medical and funeral costs, probable future earnings and loss of support or companionship.

Posted in FAQ Categories:
Wrongful Death

As A Spouse, Am I Entitled to Recover Damages In A Wrongful Death Action?

Yes. Under New Hampshire law, a surviving spouse is entitled to money damages for loss of the comfort, society and companionship of the deceased.

 

Posted in FAQ Categories:
Wrongful Death

What Damages Is A Minor Child Entitled To Receive In the Wrongful Death of A Parent?

Under New Hampshire law, where the deceased is a parent of a minor child or children, the child or children are entitled to be compensated for the loss of familial relationship

 

 

Posted in FAQ Categories:
Wrongful Death

How Long Do I Have To File A Notice Of Injury?

You should file as soon as possible because an injured workers has two (2) years from the date of injury to notify the employer of their injury in order to make a claim for benefits.

Posted in FAQ Categories:
Workers’ Compensation

What Is The Time Limitation For Filing A Claim?

A claim for disability, rehabilitation, medical benefits or death benefits are barred unless a claim for these benefits is filed within three (3) years after the date of injury.

Posted in FAQ Categories:
Workers’ Compensation

The Insurance Company Denied My Claim, How Long Do I Have?

Within eighteen (18) months of receiving notice that your claim has been denied by the carrier for disability, rehabilitation, medical benefits or death benefits, you can petition the Department of Labor for a hearing; otherwise, it will be barred.

Posted in FAQ Categories:
Workers’ Compensation

How Is My Workers’ Compensation Rate Determined?

Weekly compensation is based on sixty (60) percent of your average weekly wage. To determine your average weekly wage, the gross wages are added together for twenty-six (26) weeks up to fifty-two (52) weeks before the injury, and then divided by the number of weeks.

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Workers’ Compensation

Who Pays For My Prescriptions?

The workers’ compensation insurance carrier will reimburse you for any prescriptions that are related to your injury. The insurance carrier has thirty (30) days from receipt of the request to reimburse you.

Posted in FAQ Categories:
Workers’ Compensation

What Type Of Light Duty Can My Employer Offer Me?

A position offered to you under “light duty” must be meaningful employment that complies with any restrictions set by your doctor.

Posted in FAQ Categories:
Workers’ Compensation

If I Return To Light Duty Can My Employer Reduce My Rate Of Pay?

Yes, but the reduction in your pay may entitle you to receive a partial benefit from the insurance carrier in addition to your reduced wages.

Posted in FAQ Categories:
Workers’ Compensation

How Long Is My Claim For Medical Bills Open?

Medical bills related to your injury remain the responsibility of the insurance carrier as long as the treatment is required

Posted in FAQ Categories:
Workers’ Compensation

Do I Have To Pay Taxes On My Workers’ Compensation Benefits?

No, but you may be required to report the benefits you have received.

Posted in FAQ Categories:
Workers’ Compensation

What Is Workers’ Compensation?

Under New Hampshire law, workers’ compensation is an insurance program paid for by an employer that pays medical and disability benefits for work-related injuries and diseases. If an employee is injured on the job, that employee’s medical treatment will be paid for; if disabled following an on-the-job injury, that employee will also receive weekly income in the form of indemnity benefits until able to return to work. All employers must provide workers’ compensation coverage to their employees. Each employee has the right to benefits if injured on the job.

Posted in FAQ Categories:
Workers’ Compensation

What Is An Independent Medical Examination?

An Independent Medical Examination (IME) is an appointment to be examined by a doctor hired by the insurance company. An injured worker needs to submit to an IME if it is scheduled by the insurance carrier because failure to agree to the IME can result in suspension or termination of your benefits.

Posted in FAQ Categories:
Workers’ Compensation

Can The Insurance Just Stop Paying My Benefits?

If benefits have been paid for more than twenty-one (21) days, the insurance carrier cannot just stop paying your benefits. In order to stop paying your benefits, the insurance carrier would need to get the Department of Labor’s permission before it can terminate such benefits.

Posted in FAQ Categories:
Workers’ Compensation

I Submitted A Claim, How Long Does The Insurance Company Have To Accept or Deny My Claim?

If it is determined that your claim is compensable, the insurance carrier has within twenty-one (21) days of notification of the claim or period of disability to make payment of compensation to the injured employee.

Posted in FAQ Categories:
Workers’ Compensation

What Is A Death Benefit?

When an employee dies from an occupational injury or disease, the insurance carrier shall compensate the dependent through weekly benefits as soon as possible after death, but no later than twenty-one (21) days after the dependency has been established.

Posted in FAQ Categories:
Workers’ Compensation

How Do I Pay My Workers’ Compensation Lawyer?

Under New Hampshire law, your lawyer will be paid by a contingency fee or a percentage of any recovery you may receive such as a permanent impairment award or a lump sum settlement agreement. The payment of your attorney must be approved by the New Hampshire Department of Labor. Under certain circumstances, the insurance company may be ordered to pay your attorney’s fees.

Posted in FAQ Categories:
Workers’ Compensation

Should I Take A Breath Test?

This is one of the most common questions people ask us. Unfortunately, there is no correct answer because there are so many variables. First off, the Intoxylizer 5000 breath machine that the police use is prone to user error. Second, for a variety of complicated medical reasons, the machine assumes that you have the “average” physiology. You don’t. We are all different and we all digest and burn off alcohol differently. Third, by the time the police ask you to take a breath test, you are no longer in the same condition that you were while driving. Depending on when and how much you had to drink, your BAC may be higher or lower than it was when your were actually driving. At best, the Intoxilyzer 5000 provides a rough estimate of your BAC.

The penalty for refusing to take the breath test is a 6 month loss of license. This is a significant price to pay for a refusal, but in some cases it might be the best course of action. Unfortunately, no single piece of advice applies in all possible cases.

 

Posted in FAQ Categories:
DUI/DWI

Can I Go To Jail?

If you have not been convicted of a DWI before and if you are not charged with any additional crimes, then you can relax, because the answer is “no.” If you have a prior DWI conviction within the past 10 years, then the law calls for a mandatory sentence of 3 days in the county jail, followed by a one-week stay at the multiple offender program.

Posted in FAQ Categories:
DUI/DWI

What Are The Possible Financial Costs?

The financial costs of a DWI conviction can differ for everyone. For a first offense, the penalty is a mandatory fine and penalty assessment of $600, although the judge has discretion to fine you up to $1200. For a second offense that increases to a mandatory fine and penalty assessment of $900 and the judge has discretion to impose a fine of up to $2000.

The financial costs of a DWI conviction go far beyond the court fines. A loss of your driver’s license can cost you your job. Your can see your insurance costs increase by $500-3000. There is a cost associated with the alcohol awareness and counseling programs that are a mandatory part of any sentence that ranges from $460-1200. You would need to pay a fee to the DMV $100 to have your license reinstated and possibly pay $800 to have an ignition interlock device installed on your car.

As you can see, the costs you could suffer as the result of a DWI conviction are substantial. That is another reason that you need to see an experienced lawyer to review all of your options with you.

 

Posted in FAQ Categories:
DUI/DWI

When Can I Get My License Back?

Generally, people who lose their license as a result of DWI do so for two different reasons.

New Hampshire’s DWI law contains minimum mandatory suspensions in the event of a conviction. For a first offense, the minimum license loss is 9 months and a maximum of 2 years. However, the suspension can be reduced to 90 days in some circumstances. For a second offense, the mandatory period of license suspension is 18 months and the maximum is 2 years.

In addition to the penalty that can be imposed by a judge, a person who refuses to take a breath test is subject to administrative license suspension for 180 days. If the person has a prior refusal or DWI conviction, then the administration license suspension is for 2 years. This period is in addition to any loss of license imposed by a court.

If a person takes a BAC test and receives a result of over .08 (or as low as .02 in some cases) then they also lose their license of 180 days for a first offense and 2 years for a second offense.

These periods of license suspension can vary if certain circumstances exist. You should consult with an experienced DWI attorney to make sure that you know all of your options.

 

Posted in FAQ Categories:
DUI/DWI

Why Did The Police Ask Me To Stand On One Leg?

The “one-leg test” is one of several roadside tests that the police may ask you to perform. The dirty little secret that the police will not tell you about these tests is that you are not being scored on your dexterity alone. You are also be scored on whether you followed the directions perfectly, whether you were able to stand without swaying when the instructions were being given, and several other factors as well. The police call these “divided attention tests” because they believe that the presence of alcohol diminishes you ability to perform multiple tasks at once. It is misleading for the police not to tell you this, but they do it anyway.

Posted in FAQ Categories:
DUI/DWI

How Much Can I Drink And Still Be Legal To Drive?

We are asked this question a lot, and the answer usually surprises people. You have probably seen a chart like these ones:

http://www.alcoholprev.colostate.edu/bachart.html

that estimate BAC based on body weight, amount of alcohol consumed, and the passage of time. While these give you a very rough indication of what your BAC might be, they are misleading. In order for a judge to find you guilty of DWI in New Hampshire, the police need only to show that your ability to drive was impaired by alcohol to any degree. This about that again: To any degree. I suspect that a scientist would tell you that one-half of one beer impairs your physical and mental abilities to some degree. You do not see Dale Earnhardt Jr. sipping on half a beer before a race, right? Fortunately, in all the years that I have been prosecuting and defending these cases, I have never seen anyone convicted for driving under the influence of one drink.

One of the sneaky ways that the police get people to convict themselves is to ask them to say, on a scale of 1 to 10, how “buzzed” they feel. Most people will answer by saying they feel that they are between 2 and 4 on the 10-point scale. This is sometimes enough for a judge to find a person guilty, even though they are not even approaching the “legal limit” of .08.

 

Posted in FAQ Categories:
DUI/DWI

Why Did The Police Give Me Two DWI Summonses?

If you took a breath or blood test and received a BAC result over .08, you were likely charged with two different crimes. One summons (or complaint) will allege that you drove while your ability to drive was “impaired” by alcohol. The second summons will allege only that your BAC was over .08. If the tests show that your BAC was over .08, the police do not even need to show that you were impaired at all.

The good news is that you cannot be punished twice, even if the police have charged you with two separate crimes.

 

Posted in FAQ Categories:
DUI/DWI

If I Lose My License, Can I Drive To Work?

New Hampshire law has no provision for a “work-only” or “daylight” driver’s license.

Posted in FAQ Categories:
DUI/DWI

Do I Really Have A Chance For An Acquittal?

Yes! The DWI laws are complex and that means that there are plenty of places for the police to make mistakes that can lead to an acquittal. The system is full of opportunities for human and mechanical error. Also, it is important to remember that the police have the burden to prove you guilty beyond a reasonable doubt. Any of the myriad of mistakes can introduce enough doubt into a case to lead to an acquittal.

It takes years of experience to acquire the skills and knowledge necessary to mount a proper defense to a DWI charge. If you are charged with DWI, make sure you work with a lawyer that understands how the system works and how to investigate and present all possible defenses.

 

Posted in FAQ Categories:
DUI/DWI

How Will My DUI/DWI Lawyer Get Paid?

Like most criminal law cases, DUI/DWI cases are typically handled on a hourly or flat fee arrangement.

Posted in FAQ Categories:
DUI/DWI

Why Should I Choose Douglas, Leonard & Garvey As My DUI/DWI Lawyer

The attorneys at Douglas, Leonard & Garvey have years of trial experience in handling DUI/DWI cases. If you are arrested for a DUI/DWI, choosing the right lawyer does make a difference. Having the right lawyer may mean the difference between success and failur

Posted in FAQ Categories:
DUI/DWI

Our DWI/DUI Attorneys

We want to successfully resolve your claim and a return to your life as you knew it. Give us a call and we’ll evaluate your case. You can reach us at 1-800-240-1988, or by filling out our evaluation form.

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