Attorneys Brenner G. Webb & Peter G. Webb Have Article Published In New Hampshire Bar News

The following entry was published in the August issue of the New Hampshire Bar News, a respected publication that is distributed to attorneys across the Granite State. Attorneys Brenner G. Webb and Peter G. Webb offer their expertise on matters of Personal Injury and Workers’ Compensation.

Workers’ Compensation Law & Personal Injury Law: Framework of a Catastrophic Injury Case

By: Brenner G. Webb and Peter G. Webb

Catastrophic personal injury cases are infrequent enough that it can be helpful to review their fundamentals. A catastrophic injury can be loosely defined as a life-altering, permanent injury that often impacts a person’s ability to regain normal function and to live independently. This article will address some of the issues which comprise the framework particular to such cases.

A threshold issue for the plaintiff is the amount of applicable insurance coverage. Unlike our neighboring states, New Hampshire law does not obligate insurers to disclose the amount of available insurance coverage before suit is filed. That disclosure is not mandated until the Structuring Conference Order, which governs litigation deadlines, is approved by the Court. In instances of severe injury, insurers may be willing to disclose limits for the simple reason that the case value far exceeds the coverage, exposing their insured. Significant coverage is necessary for an adequate recovery and to cover the costs to properly prepare such a case. Such costs can be considerable and may require a significant outlay of funds over an extended period of time.

Monetary damages, of course, include the past and future expense of the care required by the injury. Assessing and valuing the future cost of providing adequate care to the client requires a high-quality life care plan. A life care plan must be prepared by someone who is competent to determine and predict the treatment and care which the client will require in the future as a result of the injury. This future care includes medication, medical care, medical supplies, equipment, custodial care, support services and therapy, housing and transportation.

An economic analysis is required to calculate the present value of the aggregate future cost of the services under the life care plan, as well as to calculate the value of any lost future earnings the client’s injury has caused.

Often, a separate but key issue is the effect that any recovery for the client will have on the client’s future eligibility for health insurance coverage. Careful consideration and coordination of State Medicaid, Federal Medicare, Special Needs Trust planning, and structured settlements can protect the client’s eligibility for Medicaid and Medicare. This analysis includes the determination of eligibility and disqualification factors, the allocation of damages, the setting
aside of proceeds to assure payment of probable future care to which the client may become disentitled by virtue of a recovery, and the most cost-effective means of funding the future care.

Reimbursement of medical providers and health insurers, as in any personal injury case, may also be a significant issue. Particularly in the instance of Medicare, diligent efforts will be required to ensure proper lien repayment in order not to jeopardize coverage.The extraordinary needs of the client may need to be met early on. In the the right case, advances against the eventual recovery should be sought as appropriate to contain the injured party’s’ damages and to avoid developments which could compound the responsible party’s culpability.

Brenner Webb and Peter Webb of Winer and Bennett, LLP in Nashua represent injured parties only in matters of personal injury and workers’ compensation. Visit www.winerbennett.com for more information.

New Marijuana Law

New Marijuana Law

Governor Sununu recently signed into law the “decriminalization” of possession of small amounts of marijuana.  Small amounts are defined as less than three-quarters of an ounce of marijuana or five grams of hashish.  Some people take this to mean that this is legalization of marijuana use.  This is not the case.  Marijuana remains illegal and there are criminal penalties for possession or distribution of amounts that exceed three-quarters of an ounce.

According to an article in the New Hampshire Sunday News on July 23rd of 2017, a commission has been established to study the possible legalization of marijuana in the future.  The reasoning is that other states have already done so and state involvement with the legal manufacture, packaging, and distribution of the substance will secure substantial revenue for the State of New Hampshire while controlling the distribution and use.  This is the same way that alcohol is currently sold by the state in a regulated manner.  If it is going to happen eventually on a national level, the reasoning is that we might as well get on the bandwagon now and expedite the process.

The commission is not short on members who oppose legalization efforts.  This is a healthy decision as it will force debate about whether or not legalization is advisable in either a practical or moral sense.  People who oppose legalization of marijuana point out that marijuana can be a gateway drug to other more powerful and life changing substances.  They worry that younger people will get access to marijuana in a way that is unrestricted and cause changes to developing minds and bodies that will have long term affects.  Lastly, they see a slippery slope of state involvement, already deeply involved with liquor sales and lottery revenue, that will further erode the moral basis standing of government.  If selling these substances is morally acceptable, why not other forms of illegal activities?

It is obvious that the state’s change in legal treatment of marijuana began with the approval of medical marijuana.  No different from other drugs that are available with a prescription, the value of THC (the active ingredient in marijuana) to treat certain afflictions is both beneficial and medically superior to some other drugs.  Cancer patient’s post-chemotherapy have been known to do quite well with marijuana use to overcome nausea and lack of appetite.  Glaucoma patients report many beneficial effects of marijuana use when taken in accordance with doctor’s orders.  Chronic pain sufferers find that marijuana use is far more effective and less disruptive to the other human systems than opioids in treatment of their chronic pain.

The new law decriminalizing possession of small amounts moves the question to a different level.  In this situation, people who use marijuana recreationally are not going to be charged with a crime.  Though the possession is still illegal, it will not be considered an offense punishable by incarceration unless the amount exceeds three-quarters of an ounce or five grams of hashish.  This would seem to invite the use of marijuana for recreation by virtue of the state’s non-action.  Advocates feel that the decriminalization simply invites the next step of legalization.

The Sunday News article points out that there are strong voices on both sides of the issue.  Our state is not necessarily ready to take the legalization move at present.  The effects of legalization in states such as Colorado and Oregon would need to be studied and debated.  A review of what happened during prohibition would be a good place to start in examining the effect that legalization of marijuana might have on New Hampshire and our American society in general.  The best approach toward deciding the issue is a slow process that considers all different approaches and eventually comes to a conclusion that is best for our citizenry.  All age groups should weigh in and make their views known before the state debates a bill and makes a decision.

By: Kent Barker

Invisible Insurance

When you bring suit to recover for injuries caused by someone else, you sue the responsible party. You may not name the responsible party’s insurance company in the suit.  In fact, if reference is made in the presence of the jury to the fact that there was insurance, a mistrial would be declared.

The judicial system routinely praises the wisdom and sanctity of the jury. Yet somewhere along the way, it has convinced itself that a jury will award money irresponsibly if it finds out that there is insurance coverage. What the system does in response is bend over backwards to give the jury the false impression that a verdict for an injured party must be paid out of the pocket of the responsible party. That is virtually always untrue in personal injury cases.

To promote that falsehood is to mislead the jury. Luckily, I don’t believe that our jurors are fooled. They aren’t naïve. They assume that there’s insurance. And the record is clear that that doesn’t cause our juries to act irresponsibly.

By:  Peter G. Webb

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Winer and Bennett is “Best of Greater Nashua”

Winer and Bennett, LLP is delighted to announce that the firm was selected as the “Best of Greater Nashua” for 2016 after a public survey by the Nashua Telegraph.

Thank you to all of our clients and friends who took the time to vote for the firm, and to all of our employees who work hard day in and day out to provide exceptional service and professionalism to our clients.

Visit us on Facebook at: https://www.facebook.com/winerbennett/?hc_ref=PAGES_TIMELINE&fref=nf

best-of-greater-nashua

Changes to Condo Act Effective 8/1/16

Condominium Association Boards and Property Managers should be aware that the New Hampshire legislature passed sweeping changes to the Condominium Act that became effective August 1, 2016.

Partner Gary M. Daddario of Winer and Bennett, LLP will be teaching three seminars on the changes in an effort to provide necessary information and guidance. One by webinar on 9/14/16, and two live seminars at the Community Associations Institute Expos (“CAI”) on 10/22/16 at the Marriott Hotel in Burlington, Massachusetts and 11/3/16 at the Holiday Inn and Suites in Nashua, New Hampshire.

Existing and prospective clients should feel free to contact Gary directly with questions at (978) 226-6134.

To learn more about the CAI Expos, see: https://www.caine.org/default.asp

Attorney Brenner Webb Teaches Business Law

Attorney Brenner Webb of Winer and Bennett, LLP taught his quarterly seminar, “Legal Considerations for New Business Owners,” at the Center for Women in Enterprise on August 9, 2016.
To learn more about the Center, visit their website at:http://www.cweonline.org/…/CWE-NewHa…/tabid/287/Default.aspx

Winer and Bennett Sponsors Hollis Fast 5K

Winer and Bennett, LLP sponsored the 2016 Hollis/Brookline Rotary Club’s “Hollis Fast 5K” which was held on June 9, 2016. WB attorneys Peter Bennett and Peter Webb are long-time members of the Hollis/Brookline Rotary Club and helped to organize the successful event.

Learn more about the race at http://www.hollisfast5k.com/ or on the Facebook page at
https://www.facebook.com/HollisFast5k/?fref=nf

Winer and Bennett sponsors Millyard BPR

Winer and Bennett, LLP participated in the second annual Millyard BPR Bike Paddle and Run triathlon highlighting the downtown Mines Falls Park and new Broad Street Parkway project. Four lawyers from the firm completed the triathlon finishing, in order, Brenner Webb, John Edwards, Brian Kelly, and Kent Barker.

Winer and Bennett presented a display booth dispensing water and fruit to participants. The firm hopes to participate in similar events that highlight the Greater Nashua community and healthy lifestyle. See photos from the event at: https://www.facebook.com/winerbennett/

Attorney Brenner Webb Teaches Legal Seminar

Attorney Brenner Webb taught a seminar, Legal Considerations for New Business Owners, at the Center for Women & Enterprise on May 24, 2016. His next seminar is scheduled for August 9, 2016.

To learn more about the Center or to sign up for the class, go to: http://www.cweonline.org/…/CWE-NewHa…/tabid/287/Default.aspx

What is my Personal Injury Case Worth?

A personal injury lawyer is often asked early on what the value of a case is. I sometimes respond by asking the client what a car in our parking lot is worth.  A client naturally asks how old the car is, what shape the body is in, what the make and model are, what the mileage is, whether there are any mechanical problems, etc.  People are familiar with the buying and selling of cars and they instinctively know that you have to have the specs first.

The value of a personal injury claim is also determined by the specific facts of the case. Those facts have to be known before a valid value can be assigned to the claim.  Not all cases involving a leg fracture, for example, have the same value.

The value of a case will be influenced by, among other things:

  1. The severity of the injury;
  2. The total amount of the medical expense;
  3. The extent to which the injury impacts normal activities;
  4. The amount of any past and future wages lost as a result of the injury;
  5. The magnitude and duration of the pain the injury causes;
  6. The emotional consequences of the physical injury;
  7. The future impact of the injury.

An experienced lawyer will tell you at the outset that an accurate valuing of your claim can’t be made until there is a complete understanding of the full reality of the injury. That full reality is what a jury will be asked to value when it decides what in a particular case constitutes “full, fair and adequate compensation.”

By:  Peter G. Webb

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