Personal injury cases can cover a range of accidents including car crashes, work injuries, slip/trip/fall accidents, and defective products. It’s important you understand you legal rights with all of them, so contact Seufert Law. We can help.

Car Crashes

If you have been hurt in a car crash, keep in mind the following:

• Get the medical care you need.
• Use regular health insurance, not your car insurance "Med Pay" to pay the bills.
• You decide--not the hospital--how to combine health and car insurance payments to cover your bills.
• Notify your own insurance company immediately.
• Never give a statement to the other driver's insurance company--they are not trying to help you.

Just because a police report says one party or the other is at fault does not control how the insurance company will respond. If you have been hurt in car crash, give us a call. We can help.

Work Injuries

If you have been hurt at work, notify your supervisor immediately. You are entitled to medical care for work injuries at your employer's expense, but to qualify for that care, you must notify your employer of your injury. If you miss more than three days because of a work injury, you also qualify for weekly wage replacement benefits.

If you are hurt at work by a defective piece of equipment or the carelessness of a third party, you are still entitled to workers compensation benefits but may also qualify for additional benefits.

As you recover from a work injury, your rights and responsibilities change over time. Once you are done healing, you may be eligible for a final lump sum payment to compensate you for any permanent impairment resulting from your work injury. You may also have increasing job search obligations as your medical condition improves.

New Hampshire State employees are in a unique position when it comes to workers compensation. If you are unable to return to your pre-injury job, you may qualify for both workers compensation and state disability retirement benefits.

Workers compensation is complicated and ever-changing. The workers compensation insurance companies count on injured workers not knowing their rights and settling for less than they are entitled to under the law. If you have been hurt at work, call us. We can help.

Slip/Trip/Fall

If you have been injured on someone else's property, you may be entitled to recover for your injuries if you are hurt because of the other person's (or company's) carelessness. Unsafe handrails, walkways, and stairways are frequent causes of falling injuries, but can be extremely difficult to prove. Changing weather conditions, after-the-fact repairs, and disappearing documentation can all play a part in frustrating a claim. If you have questions about injuries that you received in a slip/trip/fall, call us. We can help.

Defective Products

If you have been injured by a defective and dangerous product, you may be entitled to recover from the manufacturer or seller of that product. Product liability law is very fact-specific and the law requires an injured person to jump through a lot of hoops on the way to recovery. Preparing and presenting a case arising out of a defective product takes patience, care, and some imagination. If you feel that a defective or dangerous product is responsible for your injuries, give us a call. We can help.

If you have been hurt at work, notify your supervisor immediately. You are entitled to medical care for work injuries at your employer's expense, but to qualify for that care, you must notify your employer of your injury. If you miss more than three days because of a work injury, you also qualify for weekly wage replacement benefits.

If you are hurt at work by a defective piece of equipment or the carelessness of a third party, you are still entitled to workers compensation benefits but may also qualify for additional benefits.

As you recover from a work injury, your rights and responsibilities change over time. Once you are done healing, you may be eligible for a final lump sum payment to compensate you for any permanent impairment resulting from your work injury. You may also have increasing job search obligations as your medical condition improves.

New Hampshire State employees are in a unique position when it comes to workers compensation. If you are unable to return to your pre-injury job, you may qualify for both workers compensation and state disability retirement benefits.

Workers compensation is complicated and ever-changing. The workers compensation insurance companies count on injured workers not knowing their rights and settling for less than they are entitled to under the law. If you have been hurt at work, call Seufert Law. We can help.

• Lead is very poisonous, especially to children.


• Many NH homes built before 1978 contain lead paint.


• When lead paint chips, flakes or deteriorates, it can get into places in which children play or crawl.


• Children get lead into their bodies by engaging in normal hand to mouth activities.


• Children with lead poisoning are at risk for learning disabilities and behavioral problems.


• If you live in rental housing and your child has been diagnosed with lead poisoning, your child may have legal rights to monetary damages from the landlord.

In New Hampshire, DWI and DUI both stand for driving while under the influence of intoxicating liquor or drugs. A person who drives or is in actual physical control of a motor vehicle, upon a way, and who is impaired to any degree from the use of drugs or alcohol, can potentially be convicted of DWI.

It is important to understand that an operator only has 30 days to contest an initial driver’s license suspension and request a hearing at the NH DMV.

There are four DWI charges. They are:

1. DWI (first offense) – Class B Misdemeanor
   1. .08% blood alcohol level, and/or impairment to any degree from alcohol.
   2. Minimum fine of $500.00 (plus a 20% penalty assessment), and 9 months up to 2 years loss of license, completion of the impaired driver program, and a $100.00 reinstatement fee (plus additional suspension period under the DMV ALS rules)
      
2. Aggravated DWI – Class A Misdemeanor
   1. .16% blood alcohol level (or other factors such as excessive speed, and attempts to elude police while under the influence of alcohol)
   2. Minimum fine of $500.00; license loss for 18 months up to 2 years (may petition the Court to reduce to 12 months after completion of the alcohol program. Minimum 10 days in the House of Correction (7 days of that in the Multiple Offender Program).
      
3. DWI, 2nd, or subsequent offense – Class A Misdemeanor
   1. Prior conviction of DWI within the last 10 years.
   2. Minimum fine of $500.00; loss of license for 3 years, minimum.
   3. If prior conviction within 2 years, 37 days House of Correction sentence including the 7 day Multiple Offender Program.
   4. If prior conviction more the 2 years old, but within the last 10 years, must serve 10 days in the House of Correction and complete the Multiple Offender Program.
      
4. Felony Aggravated DWI
   1. Accident resulting with serious bodily injury.
   2. Minimum fine of $1000.00.
   3. Potential NH State Prison Sentence.

A criminal case begins with an arrest. An arrest must be based on probable cause. This means that the arresting office must have sufficient facts to believe that the defendant has committed a crime. Crimes in NH are categorized at different levels of seriousness:

1. Violations – Non-criminal offenses such as a traffic tickets. These offenses can carry a fine up to $1000.00.

2. Class B Misdemeanors - Criminal offenses that can carry a fine of $1200.00, but do not carry any jail time.

3. Class A Misdemeanors – Criminal offenses that carry fines of up to $2000.00 and up to 1 year in the House of Correction.

4. Class B Felony – Criminal offenses that can carry up to a $4000.00 fine and 3 ½ to 7 years in the New Hampshire State Prison.

5. Class A Felony – Criminal offenses that can carry large fines and 7 ½ to 15 years in the New Hampshire State Prison.

The Criminal Trial Process

1. Bail

After an arrest, a defendant will usually be entitled to bail.

2. Arraignment (violation and misdemeanor cases)

In violation and misdemeanor cases, a defendant’s first court appearance will be the arraignment. At an arraignment a defendant is formally charged and must enter a plea.

3. Probable Cause Hearing and Indictments (felony cases)

In felony cases, the district court will schedule an arraignment to set bail and a probable cause hearing. Once the court determines that probable cause existed at the time of the arrest, the case will be bound over to the Superior Court for possible indictment and to be scheduled for a jury trial.

4. Discovery

After arraignment, the defendant is entitled to receive all the police reports, photographs, witness statements, or any other evidence the State intends to use to prove that the defendant broke the law. This is called the discovery process.

5. Trial

Trials in New Hampshire can take place in the District Court for violations and misdemeanors, in front of a single judge. Felony cases are always heard in Superior Court where the defendant then has the right to pick either a single judge trial, or a jury trial.

The defendant may appeal guilty decision to the New Hampshire Supreme Court within 30 days. The Supreme Court can overturn a conviction if an error of law was made during the trial.

Family law involves divorce, alimony, child custody, child support, visitation, paternity, guardianship, adoption, and restraining orders. The following is a general overview of some of these topics in New Hampshire and are in no way a substitute for legal advice.

Divorce

Divorce is the process of dissolving a marriage and distributing the marital property, or debt, between the parties. In a no-fault, irreconcilable differences divorce; the court can order a divorce over the objection of the other party. The most common type of divorce is based on irreconcilable differences, but divorce can also be found on the fault of one of the parties. If fault is alleged, such as adultery, abuse etc, then the charges must be proven for the divorce to be granted. Accordingly, most divorces are filed as no-fault divorces. In a long-term marriage, the courts generally try to award a 50/50 split of the marital property. The parties will need to convince the court if a 50/50 distribution would not be equitable or fair. Fault on the part of either party can be grounds for an unequal property distribution. The process can involve many court appearances before reaching a trial, and may take in excess of a year to conclude.

Alimony

New Hampshire Courts sometimes order alimony payments (spousal support) to be paid by one spouse to the other to help support the recipient for a period of time. Alimony is meant to be rehabilitative and will only last for a limited period of time. Such an order would be based on one spouse's ability to pay and the other spouse's need for the alimony.

Child Custody

If child custody is being disputed, either one of the parents may file a Parenting Petition with the court for custody of a child. If the parties cannot agree about who should have primary residential responsibilities, the court will grant physical custody either solely to one of the parents or jointly to both of the parents. The standard for granting custody is the "best interest of the child."

The law requires parents to create a "parenting plan" which must be filed and approved by the court. If the parents cannot agree on a plan, the court is authorized to draw up a parenting plan for the family.

Child Support

The custodial parent is normally entitled to child support from the other party. New Hampshire follows “child support guidelines,” for determining the amount of child support to be paid by the non-custodial parent. Child support is calculated by a mathematical formula that is roughly 25% of the paying parents income for one child, and 33% for two children and upwards. Child support is payable until the child reaches the age of 18, graduated from high school or becomes emancipated, which means moving away from either parents home and is self-supporting.

Paternity

This type of case is used to determine who the natural, biological parents are of a child. Parents who are not married can file for a determination of paternity of a child. The court can order the parents to submit to DNA testing and will make a finding of paternity based on proper test results.

Guardians Ad Litem (GAL)

Guardians are appointed when parents cannot agree to a custody and visitation arrangement for children. Typically the judge or marital master issues an order appointing a particular GAL to investigate specific issues that are in dispute. The court order will designate how much each party is required to pay the GAL unless the parties are indigent.

The GAL conducts an investigation, which may include interviewing the parents, the children and other persons who may have information relevant to the issues involved. In most cases the GAL prepares a written report which includes a recommended resolution of custody and visitation issues that, in the GAL’s estimation, is in the best interest of the children. The GAL may also be a witness at the custody hearing.

The judge or marital master makes the final determination after considering the GAL’s recommendation along with all of the other evidence presented in the case. However, the GAL’s recommendations are not binding on the court and the court may accept some, all, or none of the GAL’s recommendations.

Restraining Order

A domestic violence restraining order is available on an emergency basis if you believe that a spouse, significant other, or person who you were romantically involved with has threatened you or is otherwise a credible threat to your safety. Orders can be obtained on an emergency basis by petitioning either a District Court or Superior Court near your home.