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Giving Back to the Community

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(MEP) Chase After a Cure Donation Picture

The staff at McGrath Law Firm are committed to serving our community. As a member of the Board of Directors for Chase After a Cure, attorney Matt Pecoy is corporate counsel for the non-profit organization, which is dedicated to children’s cancer research. On September 12, 2014, Chase After a Cure donated $130,000 to MUSC Children’s Hospital to assist the hospital with funding research labs which specialize in children’s cancer research. Since its inception in 2009, Chase After a Cure has donated more than $700,000 toward supporting local childhood cancer research. For more information, go to chaseafteracure.com.

McGrath Law Firm Sponsors Chase After A Cure, Inc.’s Golf Tournament

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GolfThe McGrath Law Firm, PA continued to show its support for Chase After A Cure, Inc. by sponsoring a hole and foursome in its annual golf tournament on September 18, 2014 at Patriot’s Point Golf Course.  The team is pictured above and included Bradford Pelletier, Michael Perkins, Baron DeKalb (not pictured), and Matt Pecoy.   Mr. Pecoy is an associate at the McGrath Law Firm, serves as corporate counsel for Chase After A Cure, Inc., and sits on its Board of Directors.  Chase After A Cure, Inc. is a 501(c)3 that raises funds and awareness for neuroblastoma research.

Fatal Accidents and the Fear of Flying

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Share your airplane anxiety with anyone and you will inevitably get the “but flying is the safest way to travel!” response. While flying remains among the safest ways to travel, the recent Malaysia airlines crashes have only raised fears in already weary airplane travellers. Even closer to home, a Mount Pleasant based private plane recently crashed, killing the two occupants—a not-so-subtle reminder that the dangers of flying still exist.

Twenty-year-old flight student Matthew Gaither was piloting a Cessna 150 when it went down immediatelyafter take off. Both he and his flight instructor, Graham Borland, died upon impact. Gaither, a Navy Seal hopeful, had just begun pilot training a week prior to the accident, and was likely the one operating the plane at the time of the crash. The National Transportation Safety Board began its investigation last week, but no cause of the accident has been reported to media outlets. As of today, no charges have been filed by either Gaither or Borland regarding the crash.

Aviation Accidents

Due to the speed, velocity, and height when airborne, aviation accidents are among the most devastating of all catastrophic events. Filed usually as catastrophic injury or wrongful death claims, aviation lawsuits are complex, time-consuming, and require significant expertise both in the area of aviation and in complex litigation. In the event of a death, it is usually the decedent’s estate that brings the legal claim. The estate can seek damages for the wrongful death action and ultimately recover for things such as pain and suffering, funeral expenses, medical expenses, loss of earning capacity, or emotional distress.

If awarded, these fees are paid out by the responsible parties. In an aviation lawsuit, the possible causes of an accident are numerous and may be attributed to any number of separate parties. In addition to the people responsible for flying the plane, other actors include:

  • Air traffic controllers at the airport and other airport staff;
  • The airplane company or manufacturer;
  • Parts manufacturers or mechanics;
  • Charter companies; and
  • Private plane owners.

The ultimate determination of what happened in an aviation accident can take years, and blame can be difficult to place. Therefore, settlements are common in this area of the law.

South Carolina Aviation

The August 14, 2014 plane crash was not the first in South Carolina this year. Three people died in March, two in May, and there was a non-fatal crash in April, all in small, private planes. Worldwide, 2014 has not been a good year for those travelling by airplane. In the first two months of 2014 alone, nearly 400 people died in plane crashes, compared to less than 500 in all of year 2013 combined. While this may seem like an astronomical number to those of us that already fear flying, according to a 2013 New York Times article, flying is still the way to go. With your chances of dying in a plane crash around 1 in 11 million in comparison to the odds of dying in a car crash around 1 in 5,000, flying (especially on commercial airlines) really does remain the safest way to travel.

Next Steps

Deciding to bring a legal claim after an aviation accident can be complicated, time-consuming, and overwhelming. If you or anyone you know has been injured in an aviation accident or any other catastrophic accident, you need experienced attorneys that can help guide you through the process. Contact the knowledgeable catastrophic injury attorneys at the McGrath Law Firm that will wholly dedicate themselves to your case. Serving Columbia, South Carolina and neighboring communities, we are here to give you and your families the representation you deserve.

Should creditors renew their New Hampshire attachments?

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The question of should creditors renew their New Hampshire attachments is often raised?
In the recent  case of Trinity EMS, INC. v. Timothy Coombs, the New Hampshire Supreme Court resolved the issue of what a creditor can do when his judgment lasts longer than his attachment on the debtor’s property.

Under New Hampshire law, a creditor has a right to enforce a judgment for 20 years.  One of the ways to enforce the judgment is to obtain an attachment on the debtor’s property and if the debtor sells her property under certain circumstances, the creditor may satisfy his judgment from the proceeds of the sale.   However, an attachment under New Hampshire law is only valid for 6 years, leaving the creditor unprotected for potentially 14 years.

In the Trinity case, the creditor’s attorney basically brought a new lawsuit to obtain a new judgment based on the unpaid balance of the existing judgment so the creditor could obtain a new attachment for an additional 6 year period of time.  The lower court dismissed the new lawsuit basically asserting the debtor still disputed the original judgment and it was improper to bring a new lawsuit to obtain an attachment.

The New Hampshire Supreme Court sided with the creditors’ attorney, reversed the lower court and found a creditor could bring a new lawsuit for the purpose of obtaining a new judgment for the purpose of obtaining a new attachment.

The Trinity case serves as a reminder for creditors to review the status of their attachments and make a business decision on whether the attachments should be renewed.

To learn more about how to use attachments  to protect your business or learn more about your legal rights, contact an experienced and results oriented attorney at the McGrath Law Firm, PA. To make an appointment, call (603) 224-7111 or (800) 283-1380, or visit www.mcgrathlawfirm.com.

 

Should creditors renew their New Hampshire attachments?

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The question of should creditors renew their New Hampshire attachments is often raised?
In the recent  case of Trinity EMS, INC. v. Timothy Coombs, the New Hampshire Supreme Court resolved the issue of what a creditor can do when his judgment lasts longer than his attachment on the debtor’s property.

Under New Hampshire law, a creditor has a right to enforce a judgment for 20 years.  One of the ways to enforce the judgment is to obtain an attachment on the debtor’s property and if the debtor sells her property under certain circumstances, the creditor may satisfy his judgment from the proceeds of the sale.   However, an attachment under New Hampshire law is only valid for 6 years, leaving the creditor unprotected for potentially 14 years.

In the Trinity case, the creditor’s attorney basically brought a new lawsuit to obtain a new judgment based on the unpaid balance of the existing judgment so the creditor could obtain a new attachment for an additional 6 year period of time.  The lower court dismissed the new lawsuit basically asserting the debtor still disputed the original judgment and it was improper to bring a new lawsuit to obtain an attachment.

The New Hampshire Supreme Court sided with the creditors’ attorney, reversed the lower court and found a creditor could bring a new lawsuit for the purpose of obtaining a new judgment for the purpose of obtaining a new attachment.

The Trinity case serves as a reminder for creditors to review the status of their attachments and make a business decision on whether the attachments should be renewed.

To learn more about how to use attachments  to protect your business or learn more about your legal rights, contact an experienced and results oriented attorney at the McGrath Law Firm, PA. To make an appointment, call (603) 224-7111 or (800) 283-1380, or visit www.mcgrathlawfirm.com.

 

New Hampshire Fraud and False Claims Act

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All of us are shocked and dismayed by the various plots to defraud the state by submitting false claims to state government for payment in violation of the New Hampshire Fraud and False Claims Act.  This is particularly disturbing given the state budgetary crisis usually lands on the backs of the poor and the politically unconnected and the fraud can be aimed at programs to help the vulnerable segments of our society.   The good news is New Hampshire has laws which  provide incentives and protections for persons to reveal the fraud and help the state recover the funds and assist the neediest members of our society.
Under the New Hampshire False Claims Act, in certain circumstances,   a  person with knowledge of another person  attempting to defraud the state for such things as health care fraud or similar  government contracts  can bring an action under the FNHFCA.

The person committing the fraud can be liable to the state for a civil penalty of not less than $5,000.00 and no  more than $10,000, plus 3 times the amount of damages that the state sustains as a result of the fraudulent act.

 In certain circumstances, a whistleblower can bring an action on behalf of the State and if the whistleblower substantially contributed to the prosecution of the claim, the whistleblower may receive between 15 and 25 percent of the proceeds from the proceeds of the suit or settlement of the claim.  In addition, the whistleblower may recover all reasonable expenses necessarily incurred in in bringing the suit, plus reasonable attorney fees and costs.

 In a recent  Arizona case brought under the Federal False Claim Act,  a Health Network agreed to pay $35 million to resolve allegations that it submitted false bills for inpatient rehab services.    The various schemes designed to defraud the government for medical billing sometimes reach the limits of human imagination.   Fortunately, New Hampshire has a statute which awards and protects courageous citizens who reveal these various plots.

To learn more about how you can use this law to prevent fraudulent acts against the State and the beneficiaries of state program, contact an experienced and results oriented attorney at the McGrath Law Firm, PA. To make an appointment, call (603) 224-7111 or (800) 283-1380, or visit www.mcgrathlawfirm.com.