The impact of bullying continues to be hot topic in the media, with an increase in attention to the phenomenon of “cyber-bullying.”  Recently, a Rutgers University student committed suicide after he was the victim of a high-tech cyber-bullying incident.  His roommate surreptitiously procured a video of the student having sex with another male student, and then streamed the video online.  The bullying victim jumped from the George Washington Bridge after posting his intent to do so on his own Facebook page.

Such cyber-bullying incidents are becoming more and more common as our youth become ever more tied into electronic media and online social networking sites.  At least one study has suggested that more than 40 percent of kids in this country admit having been bullied on the internet, and 35 percent say they have received online threats.  Another study reported that more than 20% of the kids who had been on the receiving end of bullying strongly considered committing suicide, and as many as 19% actually made some kind of suicide attempt.  Nearly one third reported committing acts which could be considered bullying in nature.  Approximately 20% admitted committing acts of cyber-bullying.

With such startling numbers, it is clear that parents and schools must be vigilant to the warning signs that bullying, even via the internet, texting, or social networks like Twitter, is occurring.  New Hampshire’s revised bullying statute that went into effect on July 1, 2010, now contains a definition of “cyber-bullying,” and obligates school officials to be on the lookout for it, and to act when there is evidence that it is occurring.  Unfortunately, the law does not contain a private enforcement mechanism permitting parents to hold schools accountable in court when they fail to meet the obligations placed on them by the new Act.  Hopefully the legislature will reconsider this omission in the near future.  Parents who are concerned should let their voices be heard at the State House.

The goal of personal injury law is to have the person responsible for the accident fully compensate the accident victim for the injuries.  Although insurance companies are experienced in valuing personal injury claims, they know that you are unfamiliar with what your claim is really worth.  Under New Hampshire law, injured people are entitled to recover full, fair and reasonable compensation for their injuries.

There is no simplistic formula or mathematical calculation to determine the value of a personal injury claim.  Instead, the lawyer must make this determination based on years of experience in handling personal injury cases.  Generally, the value of your claim is based on two factors:  fault of the parties and the type of damages suffered.

Who’s At Fault?

The degree or amount of fault of each person involved in the accident factors into the value of your case.  Depending on the circumstances of the accident, we can assess whether the other person was completely at fault, mostly at fault or just a little at fault.  Insurance companies will try to reduce your recovery if you were partly at fault for the accident.  If fault is clear on the other person, that will prevent the insurance company from using that tactic to lower your recovery.

Types of Recoverable Damages

Looking at the types of damages suffered in an accident can help to understand the value of your claim.  Damage awards can include the following:

• Medical Expenses
• Future Medical Expenses (if any)
• Pain and Suffering
• Lost Wages
• Impairment of Earning Capacity
• Emotional Distress
• Loss of Future Enjoyment of Life

Above all, determining what a personal injury claim is worth only comes from years of experience.  This is an important reason to hire an experienced personal injury lawyer.

Several attorneys filed suit against the State recently to try to obtain proper funding for our judicial system.  It is broken and I could not sit idly by and let it be gutted by excessive legislative budget cuts so I joined in as counsel.

Each year 230,000 court cases are filed in New Hampshire.

Certain types of court cases have specific time frames in which to act and those are set by the legislature.  For example, domestic violence cases and criminal cases require certain scheduling dates by law.  Thus, work on such cases means other cases must be delayed if judge time is lacking due to vacancies.  For instance, in 2009, there were 5,300 cases of domestic violence with hearings required between five or thirty days of filing, depending on the request.

Stalking cases were 1,470 in number, with the same time requirements.  9,600 landlord/tenant cases must be heard ten days from service of process.  Involuntary emergency admissions to the N.H. Hospital were filed 1,700 times last year and they must be heard within three days of hospitalization.

Families are also heavily affected by the lack of a judge to help decide their disputes.  7,200 juvenile cases, 10,000 new divorce or family petitions and 7,000 closed cases reopened for parenting or lack of child support issues were heard last year alone.

Judges cannot decide cases without someone processing them, scheduling them, getting orders out, and otherwise processing paperwork.  Each month thousands of orders have to go to the office of child support enforcement, various criminal law agencies, and to parties involved in marital and civil cases.

In the non-criminal area our State Constitution’s Bill of Rights (Part I, Article 14), says that everyone is entitled to a certain remedy for all injuries they may receive and that they are to obtain it “completely, and without any denial; promptly, and without delay.”

The purpose of that provision is to make civil remedies readily available and to guard against arbitrary denial of access to the courts.  It is an equal protection clause because, whether you are suing someone or being sued, you want to have your case resolved as soon as possible.

Last year there were $3.1 million of cuts out of a judicial branch budget of about $65 million, with another $2.2 million hit in May.  Concord District Court, which is a three-judge court, is now operating with one full-time judge.  Due to the reduction in personnel a form letter went out this summer canceling all civil trials.

Small claims cases were all cancelled in the Manchester District Court this summer for an indefinite period.

On July 22, Merrimack County Superior Court began closing to the public daily from 1:00 p.m. to 4:00 p.m.  As of June 30, it had nearly 500 case files with pieces of mail that had yet to be docketed in the court record, with some documents dating back to March.  Another 150 trial and hearing notices had not been sent out and more than 350 files contained court orders that had not been issued.

And Hillsborough County just announced:

HILLSBOROUGH SUPERIOR COURT CLERKS TO CLOSE OFFICES

TUESDAY AND THURSDAY AFTERNOONS

Staff shortages prompt move to focus on reduction of case backlog

CONCORD, October 1 – The clerk’s office in Nashua for Hillsborough County Superior Court North and Hillsborough County Superior Court South will close at 1 p.m. on Tuesday and Thursday beginning October 5 to allow uninterrupted time for processing cases and related materials.

Both clerk’s offices, which had been closed from 8 a.m. to 9 a.m., will reopen at 8 a.m. daily, beginning Oct. 5 with implementation of the new Tuesday/Thursday afternoon closings.

After 1 p.m. on Tuesday and Thursday, no telephone or counter service will be available to lawyers, litigants or the public in the clerk’s office during those hours; the automated telephone system will be monitored so that emergency requests are addressed promptly. A “drop box” will be set up inside the courthouse at 30 Spring Street in Nashua for filing documents during the hours when the clerk’s office is closed.

As of today, the Merrimack County Superior Court, which had been closed down since last August on weekday afternoons to work on reducing the case backlog, will be open for a full day on Fridays. The clerk’s office in Concord remains closed to lawyers, litigants and the public Monday through Thursday from 1 p.m. to 4 p.m. to allow for uninterrupted case processing.

Several other court locations statewide, faced with backlogs and staff shortages, also have limited public operating hours to allow uninterrupted time for employees to process cases.

Superior Court Chief Justice Robert J. Lynn said the schedule will be reviewed every 30 days to determine when the clerk’s office can return to routine office hours. Reductions in the court system budget have required administrators to maintain 71 full-time non-judicial vacancies, which means court locations have fewer employees on staff to carry out day to day clerical responsibilities.

These cutbacks affect all citizens who seek justice.  I will do all I can to fight for fair funding.  If you have a delay horror story, email me at info@nojustice.org

Around the country, including New Hampshire, more and more lawsuits are being filed by parents against school districts who allow students to be bullied by other students.  Awareness of bullying as a serious child safety issue is at an all-time high, as is parental awareness of legal options to deal with serious bullying cases.

A suit was filed in January of this year by a mother in New York, alleging that her son’s school district failed to protect him from bullying that took place on his school bus.  A suit claiming $10 million in damages was filed in Virginia by the mother of a student who committed suicide after being repeatedly hazed by another student.    The mother alleged that the school was aware of the bullying and did nothing to stop it.  Another $10 million suit was filed in Maryland in April by a grandmother who claims that bullying drove her grandson to hang himself after school officials ignored his repeated complaints about the treatment he was receiving from other students.  Another attempted suicide case in Wisconsin led to a lawsuit by the mother of a quadriplegic child who was aggressively taunted by classmates.

These are difficult cases to bring and a variety of legal theories are being used in this new wave of bullying cases with mixed results.  Some of them rely on anti-bullying laws, like the ones New Hampshire recently updated in the wake of the Phoebe Prince case in Massachusetts.  Others rely on Title VII or Title IX of the Civil Rights Act, and are based on unlawful sexual harassment and discrimination.  Many rely on simple common law theories like negligence and negligent supervision.

If your child has been the victim of bullying, and your school system refuses to take the necessary steps to put a stop to it, you need to contact a law firm with trial experience.