Successful Personal Injury Settlement – Negligent Truck Driver vs. Bicyclist

A local North Country couple recently obtained a settlement for the full limits of insurance coverage after they were run down by the defendant in his truck.  Tragically, this nightmare occurred while the couple was enjoying what was supposed to be a relaxing summer vacation.  On a bright, warm, and sunny day, they were riding their bicycles lawfully through a cross walk on a bike path, when the defendant recklessly drove through a stop sign, running over the plaintiff.    The emergency responders found the plaintiff with his legs underneath the defendant’s large pick-up truck, suffering from severe and permanent injuries.

As a result of the defendant’s negligence, the plaintiff sustained severe injuries, including both a left and right pneumothorax (separation of the lung from the chest wall), a left plural effusion (liquid buildup in that space), in addition to numerous contusions, lacerations, bruises, swelling, and inflammation.  He was rushed, via helicopter, to a trauma center, where he was hospitalized for an extended period of time.

The healing process for multiple displaced rib fractures, pneumothoraces, and a pleural effusion is slow and painful.  The plaintiff endured significant pain for nearly a year after the collision.  The greatest pain was at night, and, therefore, he was unable to sleep in his own bed.  Instead, he slept alone for months on a recliner in his living room, because the elevation helped ease some of his pain.

The plaintiffs were facing significant medical bills and they were unsure what they should do to protect their rights.  They reached out to Attorney Sandra Cabrera, who immediately reviewed the accident report and the plaintiff’s medical records.  She guided them through the red tape of dealing with insurance companies.  Recently, Attorney Cabrera assisted the plaintiffs in reaching a settlement for the full limits of the available insurance coverage.  Settlement was obtained without the need for filing a lawsuit.  The plaintiffs were relieved they were not exposed to the stress of depositions or a trial, and they are grateful for the support and assistance from Attorney Cabrera and the staff at Waystack Frizzell through this difficult time.

The attorneys at Waystack Frizzell, Trial Lawyers have extensive experience handling personal injury cases.  If you or a loved one has been injured, contact one of our attorneys to protect your rights and to receive professional support though this difficult experience.

Favorable Opinion on the Value of Medical Services in an Injury Case

Our firm recently added an important victory on the side of families and workers dealing with injuries.  A copy of the Court’s order can be read HERE.

Attorney Philip Waystack recently represented a North Country couple who were injured in an automobile collision caused by the negligence of the defendant.  The plaintiffs claimed their medical bills as damages in the case.  The defendant argued that the full cost of the medical bills should not be admissible on the issue of damages.  The defendant essentially wanted a credit for any amount of the medical bills that were written-off, or discounted, through negotiations between the medical providers and the plaintiffs’ health insurance company.

There is currently a split of authority in the lower courts of New Hampshire on the issue of whether the lesser negotiated amount paid by health insurance companies is the relevant measure of damages, as opposed to the initial face value of the medical bill.

The Court, in an order written by Coos County Superior Court Justice Peter Bornstein, agreed with the plaintiffs, and held that (1) the face value of a medical bill is relevant and admissible on the issue of the reasonable value of medical services, and (2) any discounts or write-offs health insurance companies obtain are a benefit within the meaning of New Hampshire’s collateral source rule and, therefore, are inadmissible at trial and cannot be used to reduce the plaintiffs’ damage award.

Until the New Hampshire Supreme Court resolves this dispute there will continue to be a lack of clear direction on this important issue.  We are glad that we were able to obtain this victory and assist other trial lawyers throughout New Hampshire who are litigating this ongoing issue.

Attorney Jon Frizzell appointed to Board of N.H. Association for Justice

Attorney Frizzell recently became the Coos County representative for the New Hampshire Association for Justice.  “For over 30 years, NHAJ (formerly N.H. Trial Lawyers Association) has been developing and leveraging the knowledge and skills of trial lawyers to preserve public access to the courts, protect individual rights, and promote justice for all.”  NHAJ also promotes and monitors legislation at the state house in Concord to safeguard the rights of accident victims, workers, and their families.

Successful Defense – Motor Vehicle Habitual Offender Certification

A client, without counsel, plead guilty to a serious motor vehicle offense.  Later, the client received notice that he was eligible to be “certified a habitual offender” and lose his driving privileges for 1-4 years.  This is a serious issue because if one is caught driving while certified a habitual offender, he could face a 2.5 year prison sentence.

Realizing the seriousness of this issue, the client retained Attorney Garrison of Waystack Frizzell.  Attorney Garrison negotiated with the State and obtained court approval to vacate the convictions, thereby avoiding client’s certification as a habitual offender.

Successful Settlement — Distracted Driver vs. Pedestrian

Attorney Frizzell recently concluded representation of an elderly gentleman struck at a pedestrian street crossing by a distracted driver.  Client suffered a fractured hip, resulting in permanent injuries and a loss of part time income.  We avoided the insurance company’s defense of failure to use available crosswalks, due to our timely interviewing of witnesses to verify the fault of the driver, rather than the client.  Case settled prior to suit for full amount of available insurance policy limits.

Waystack Frizzell Successfully Defends a Motion to Compel the Disclosure of an Expert Report

A copy of the order can be read here:  ORDER.

Waystack Frizzell is currently representing a client in ongoing civil litigation regarding property damage at a residence in Berlin, New Hampshire.  As part of this litigation, it has retained an expert engineer from HEB Engineers.

Attorneys litigating a completely unrelated case in southern New Hampshire (Merrimack County) have sought to compel the disclosure of Waystack Frizzell’s expert file.  Attorney Philip Waystack objected, arguing that the report is confidential and not discoverable in unrelated cases.  Attorney Waystack traveled to Concord and argued before Superior Court Justice Richard B. McNamara regarding this issue.  The Court agreed with Attorney Waystack, and denied the motion to compel the expert’s file.  Please see the full text of the Court’s order by following the link at the beginning of this post.