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April 2016 Archives

Car accidents: Focused attention required to pursue civil claims

New Hampshire laws provide for several serious criminal violations when a fatal car accident is caused by an impaired driver. Single-vehicle car accidents resulting in serious injury and/or death to passengers provide for the payment of civil compensatory damages to those passengers impacted by the driver's negligence or gross negligence. A single-vehicle accident occurred recently in Claremont in which one passenger died and two were seriously injured.

Workers' compensation benefits apply to all work injuries

Burn and shock injuries from working on high-voltage wiring is a fairly common phenomenon in New Hampshire and other states. When a worker suffers an injury of that nature, or any other work-related injury, any disability that is caused by the accident is compensable through workers' compensation benefits. Workers' compensation is the employee's first source for collecting compensation and for health care expenses incurred in his or her treatment and rehabilitation.

Sketchy facts may chart the criminal defense issues in a case

When charges are made under the New Hampshire Criminal Code, the authorities must assure that the evidence is solid and will hold up under scrutiny to justify a conviction. One recent arrest seems to raise some criminal defense issues, at least in terms of the sketchy details surrounding the events. Police in Manchester arrested a 19-year-old man in connection with a fight allegedly occurring with his ex-girlfriend.

High school disciplinary officer arrested on drug charges

Sometimes, a bizarre twist of facts, with no plausible explanation, emerges in the investigation of a reported crime in New Hampshire and elsewhere. In one case, the element of mystery arose early when a high school's disciplinary officer and dean of students called police to report finding a bundle of hypodermic needles that she later misplaced. Police came to the school and conducted a search, only to end up filing drug charges against the dean of students herself.

Proof of child porn felonies faces several legal challenges

The police generally tend to push the boundaries of constitutional law when they arrest persons for what they find on their home computers. A person normally has a broad right to privacy with respect to photos and reading material possessed in his or her own home. The person should not have to fear governmental intrusion for possessing potentially illegal viewing material that is normally in a broad category protected by the First Amendment. Nonetheless, New Hampshire police made another arrest for alleged child pornography felonies recently when they charged an Army recruiter, who has a record of commendable service, with possessing child pornography on his home computer.

Passengers may collect in car accidents involving negligence

It is generally considered to be at least negligence in New Hampshire and all other states when a driver goes erratically off the road, causing a vehicle rollover. When passengers in the vehicle are injured, they are in most instances going to be entitled to make a claim for personal injury damages against their driver. Car accidents caused by a driver's negligence are not held against the driver's passengers, and the passengers will generally be able to collect for their injuries.

Man charged with assaulting trooper after drunk driving stop

Drunk driving arrests can sometimes turn into violent incidents. That is what the New Hampshire State Police are saying about a traffic stop in Durham that turned ugly in the late evening of April 1. A trooper pulled over a man for erratic driving. After performing a field sobriety test on the driver, the officer decided to charge the driver with drunk driving. However, when the officer informed the man of the arrest, he allegedly punched her in the face.

Charges of theft & property crimes: Building a strong defense

Being accused of a crime in New Hampshire can be an embarrassing and stressful event in a person's life. Depending on the circumstances, a person's private and business reputation may be at stake due to the situation. Those accused of theft & property crimes are advised to seek immediate legal assistance to build a strong and aggressive defense in light of the charges against them.

New Hampshire car accidents often involve distracted drivers

All motorists in New Hampshire are obligated to remain alert and act with caution while driving in order to protect themselves and others who share the roadways. Car accidents often occur because of driver distraction, resulting in injuries to other travelers. A person injured in a collision that might have been prevented if a motorist had acted more responsibly behind the wheel may take legal action against the driver whose negligence caused the accident.

Car accidents involving pedestrian can give rise to legal claim

When a pedestrian is killed by a car in New Hampshire, it is important for investigators to obtain a detailed report on the precise factual events that occurred. In some instances, criminal charges may be brought against the driver of the vehicle. If the incident did not involve criminal activity, it may nonetheless by a situation where the driver was negligent. With respect to car accidents in which a pedestrian was killed due to the operator's negligence, the decedent's family will have a claim for wrongful death damages against the driver.

Workers' compensation: Why are scissor lifts so dangerous?

Scissor lifts are used in construction, manufacturing, entertainment, retail, warehousing and other industries in New Hampshire and elsewhere. While it offers a safe platform for workers to perform tasks at heights or to move heavy materials, a scissor lift can be a deadly piece of equipment if it is not used in strict compliance with the instructions of the manufacturer. Furthermore, company owners have to follow federal safety regulations to prevent workers' injuries that can lead to workers' compensation claims.

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The Law Offices of Stephen C. Brown & Associates
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Rochester, NH 03867

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