Fall 2000

Inside This Issue:

• One Injury Can Yield Many Claims
• Derryfield Family Market: From Soup to Nuts
• Collision Insurance: Can I Choose Where My Car Is Repaired?

One InjuryCan Yield Many Claims
Make sure all of your options have been assessed to insure you get the compensation you deserve.

Whether you are injured at work, in an automobile accident, or because of someone else’s negligence, we have a team of professionals who are dedicated to making sure you receive the best possible recovery for your injuries. In some cases, that means
much more than simply settling the claim at hand with the insurance carrier that is readily identifiable.

Our team of professionals includes a licensed claims adjuster and an experienced attorney who previously served as the Assistant Insurance Commissioner for the State of New Hampshire. In each case, more than one professional is reviewing the file to see if there is any additional insurance coverage available or any additional claims that could be filed.

In many cases, one injury can result in a number of claims for benefits. Some examples of past cases handled by our Firm will illustrate this point. A worker injured his back while removing a heavy component out of a piece of machinery. After successfully helping the injured worker obtain workers’ compensation benefits and then settling the workers’ compensation claim, we investigated and then pursued a claim against the manufacturer of the machinery. It turns out that the machinery was not designed properly which was a contributing cause to the worker’s injury. We went to court and were able to obtain a verdict for the injured worker against the manufacturer of the machinery.

In a multiple chemical sensitivity case, we were successful in obtaining workers' compensation benefits in addition to successfully representing the injured worker in a hearing before an Administrative Law Judge for social security benefits, and coordinated all these benefits with a private long-term insurance policy which also covered the client at the time of injury.

In a rather unusual case, we represented a worker in a federal lawsuit against an employer in connection with a sexual harassment retaliation claim. The retaliation from the client’s supervisor resulted in an anxiety disorder which ultimately disabled the client
from gainful employment. In that case, we successfully represented the client in the
federal lawsuit, a suit against a private disability company, a workers’ compensation
case which was appealed to the New Hampshire Supreme Court twice, obtaining social security benefits after a hearing before an Administrative Law Judge, and in obtaining early disability retirement benefits under the employer’s retirement plan.

While not all injuries will present the opportunity for more than one claim, it is important to have an experienced law firm that will be able to identify alternate sources of recovery in order to provide the best possible result for the client.

Derryfield Family Market: From Soup to Nuts
Derryfield Family Market is a local family business located at 393 Bridge Street, Manchester New Hampshire specializing in fresh homemade deli style fare of sandwiches, soups, salads and breads. The made-to-order service is available for morning meetings or
business luncheons and delivery is available.

We assisted the Market in its formation and in the purchase of the land and the business. First, we formed a limited liability company, Derryfield Family Market LLC, to hold the assets of the business. The use of the limited liability company form provided the Market with corporation-type liability protection, while maintaining flexibility and ease of tax reporting and entity maintenance. In addition, we prepared the purchase and sale agreement, a consulting agreement and a noncompetition agreement. Finally, as can be the case in these types of transactions, we were forced by the Sellers to enter into difficult and extensive negotiations in order to secure the terms and conditions of the sale most advantageous to the Market.

Whether you are looking for fresh hot Green Mountain Coffee, an excellent sandwich or a bouquet of flowers, stop by and say hello to Jerome and Joyce at the Derryfield
Family Market.

Collision Insurance: Can I Choose Where My Car Is Repaired?
You purchased collision insurance to cover repairs should your car be damaged in an accident. You also know first-hand a car repair shop in town and you want your car fixed at the place you trust! But your insurance company wants you to get your car
repaired at a different shop, one with whom your insurance company has made a special deal for low cost repairs. Your insurance company tells you that if you go elsewhere and it costs more than this specia shop, you will have to pay the difference out of your pocket! What is going on here?

At our Law Firm, we are seeing this situation with increasing frequency. The insurance company is trying to “steer” your business to a shop with which it has a special contract: in the expectation of lots of business from the insurance company, the repair shop has agreed to charge lower prices (saving the insurance company some money). The problem: you don’t know that “other” repair shop and you’re not convinced that the insurance company’s shop will do a good job. Under New Hampshire law, you have a right to take your vehicle to the repair shop of your choice, and the insurance company must tell you that you have that right if it recommends its own shop! Also, even if the shop you know is going to charge more than the insurance company shop, your insurance company must pay the full bill if your shop’s price is “fair and reasonable”. By all means give us a call if your insurance company is not playing fair.