Suffering an injury due to someone else’s negligence is a possibility in New Hampshire, just as it is anywhere else. If you find yourself in such a situation, seeking compensation from the responsible party is your right. At DiBella Law, we understand that every case is unique and personal, which is why we have a dedicated New Hampshire personal injury attorney ready to ensure your best interests are prioritized.
Understanding New Hampshire laws governing such incidents is crucial for seeking compensation for any resulting damages. Let us put our decades of trial experience to work for you and your family. Contact our office to request a free consultation today and learn more about what your next steps should be.
Why People Pursue Personal Injury Claims in New Hampshire
In a personal injury lawsuit, one individual alleges that another has caused harm to them. Whether it is a major accident or a minor incident, if your injury stems from another’s negligence, you may have grounds for a claim. Here are some common scenarios where people file injury claims:
Vehicle Accidents
Negligent driving can lead to serious injuries, whether in a car collision or a motorcycle mishap. However, motor vehicle accidents can also be caused by dangerous road conditions and defective car parts. Some of the most common types of vehicle accidents DiBella Law handles include:
- Uber accidents
- Drunk driving accidents
- Motorcycle accidents
- Distracted driving accidents
- Lyft accidents
- Commercial truck accidents
- Bicycle accidents
- Bus accidents
- Pedestrian accidents
- Rideshare accidents
Nursing Home
Sadly, nursing home abuse can occur in care facilities. If you or a loved one has suffered due to negligence or abuse, holding the responsible parties accountable is essential. Some examples of nursing home abuse, according to the New Hampshire Department of Health and Human Services (DHHS), could include:
- Financial abuse
- Sexual abuse
- Physical abuse
- Neglect
- Emotional abuse
We have offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being. Our team will carefully analyze the circumstances of your case to determine whether you have the right to pursue a medical malpractice insurance claim or file a personal injury lawsuit against the at-fault party.
Dog Bites
When a pet owner fails to control their animal, innocent bystanders can suffer. New Hampshire is a state with strict liability for dog bites under N.H. Rev. Stat. Ann §466:19, so the dog owner should be held accountable for your damages accordingly. This is true even if the dog has never previously shown a propensity towards aggression or violence.
If you have been bitten or injured by a dog, you have the right to seek compensation from the owner. At DiBella Law, we recognize the complexities of personal injury cases and stand ready to support you. Reach out to our legal advocates to explore your options for filing a claim.
Give us a call today to discover how we can assist you.
When to File a Personal Injury Claim in New Hampshire
In New Hampshire, you must file a personal injury claim within three years of the incident, according to N.H. Rev. Stat. §541-B:14(IV). However, there are a few exceptions. These include:
- Delayed injury diagnosis
- Injuries to minors
If your minor child suffered an injury or you are not diagnosed with injuries caused by your accident until a later date, the statute of limitations will temporarily pause or “toll.” Missing the statute of limitations deadline means you could be forfeiting your right to seek compensation. Our legal team ensures your claim is filed promptly, gathering essential details and building a robust case on your behalf.
The Injuries Victims Sustain Are Often Catastrophic
Personal injuries can involve virtually any type of injury that has a profound impact on your life. Depending on the type of accident you were involved in, certain types of injuries may be more common than others. Some examples of such injuries could include:
- Motor vehicle accidents – With car accidents, including motorcycle crashes, pedestrian accidents, and commercial trucking accidents, victims may be more likely to experience whiplash, road rash, concussion, and internal injuries or organ failure caused by defective seat belts.
- Slip and fall accident – If you were injured in a slip and fall accident, you might be more likely to experience broken or fractured bones, back injuries, including paralysis, or traumatic brain injuries if your head hits the pavement or another stationary object when you fall.
- Dog bites and animal attacks – Being attacked by an animal can be extremely traumatic. You might develop post-traumatic stress disorder (PTSD), an extreme fear of dogs or other animals, and experience infections or even septic shock caused by dog bite puncture wounds.
These are only a few examples of potential injuries and the accidents that caused them. If you are dealing with any other type of injury, do not hesitate to contact DiBella Law to consider your options for legal recourse. The extent to which your life has been affected by your injuries is what will determine whether you have grounds for a claim.
Grounds for a Personal Injury Claim Are Negligence-Based
You may have concerns that you do not have the right to file a claim if you did not suffer a life-threatening or critical injury. However, grounds for a personal injury lawsuit are based on negligence, as described by the New Hampshire Law Library’s discussion regarding the state’s Good Samaritan laws. We must prove the elements of negligence have been met as follows to win your case:
- Duty of care – The accused had a responsibility for your safety.
- Breach of duty – The accused breached their duty to keep you safe.
- Causation – The defendant’s conduct was the direct or indirect cause of your injuries or damages.
- Damages – Your injuries or the accident itself caused significant emotional trauma, financial losses, or debilitating physical trauma that make it difficult or impossible for you to live life normally.
Proving Liability Based on a Preponderance of the Evidence
The burden of proof in personal injury lawsuits is based on a preponderance of the evidence, according to New Hampshire N.H. Code Admin. R. He-C 203.14. Instead of being required to prove the defendant’s liability beyond a reasonable doubt as you would in criminal court, your personal injury attorney in New Hampshire will need to introduce compelling evidence that convinces the jury that the defendant is more likely than not at fault. Some of the most powerful types of evidence that could be used to support your case include:
- Photos of the accident scene and your injuries
- Copies of the defendant’s driving record, employment history, and blood alcohol test results
- Witness statements and bystander accounts
- Testimony from experts and reconstructionists
- Crash and police report
- Personal journal entries and medical records
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
Calculating Your Damages in a Personal Injury Lawsuit
In a lawsuit, you can seek both economic and non-economic damages. Economic damages cover tangible losses like medical bills and lost wages, while non-economic damages account for intangible losses such as pain and suffering. We strive to maximize your compensation, drawing on our expertise and past successes to secure the best possible outcome for you.
We stand by your side while navigating the legal process. With your New Hampshire personal injury lawyer, you can get the guidance and support you need when you need it most. From gathering evidence to preparing for trial, our team guides you through every step of the legal process to ensure you are fully prepared and supported, whether negotiating a settlement or proceeding to trial.
Economic Damages
Economic damages cover strictly financial or monetary losses. They encompass a wide variety of expenses, including out-of-pocket costs. Some of the most frequently awarded types of economic damages in New Hampshire personal injury claims include:
- Loss of income
- Reduced earning potential
- Co-pays
- Medical expenses
- Medical devices and equipment fees
- Loss of benefits from your employer
- Damage to your credit score
- Higher insurance premiums
- Medical accommodations
- Unexpected childcare costs
- Household maintenance expenses
- Personal property damages, including vehicle repairs
Non-Economic Damages
Non-economic damages cannot be quantified as easily as economic damages because they are not monetary. Without a fixed financial value, their value is subjective. Some potentially recoverable non-economic damages in personal injury lawsuits could include:
- Chronic physical pain and suffering
- Emotional distress
- Permanent disability
- Reputational damage
- Psychological distress
- Mental anguish
- Inconvenience
- Indignity, shame, and embarrassment
- Disfigurement and skin scarring
- Apprehension, fear, and anticipation
Punitive Damages
Punitive damages are not generally allowed. In accordance with N.H. Rev. Stat. §507:16, punitive damages can only be awarded in personal injury claims when specific provisions are met. Though punitive damages could greatly increase the amount of compensation you recover in your claim, you should never expect them, as their purpose is solely to ensure defendants are punished for deplorable conduct.
Get in touch with us today to get a free consultation.
Choosing a Settlement or Trial
If the opposing party proposes a settlement, we assess its merits and advise you accordingly. Most insurance settlements will not be enough to fully cover your damages, so you may need to file a claim with the insurance company and bring your case to court. We help you make informed decisions, ensuring your best interests are protected every step of the way.
New Hampshire Personal Injury FAQ
The personal injury claims process is notoriously overwhelming. It is not uncommon for injury victims like you to be worried about pursuing a claim after everything they have been through. Fortunately, when you have our law office on your side, you can breathe easier.
Below, we have created a quick FAQ that discusses some of the most frequently asked questions regarding personal injury lawsuits and insurance claims in New Hampshire. You may have many additional unanswered questions we did not cover here. Do not hesitate to contact our legal team to schedule a free consultation so we can discuss your specific concerns further.
What Happens if I Share Blame for the Accident?
Sharing blame for the accident could negatively impact the outcome of your case. The state follows modified comparative negligence laws under New Hampshire Revised Statutes §507 et seq. If you are 51% or more responsible for causing the accident, you may no longer be able to recover compensation for your damages.
However, if your portion of blame is less than the bar threshold, you can still be awarded a settlement. Your award will reflect a shared liability deduction. This amount will correlate with your percentage of blame, so if you were 30% responsible for causing your injuries, you would only recover 70% of your payout.
How Can I Afford to Hire a Personal Injury Attorney in New Hampshire?
DiBella Law works for our clients on contingency in accordance with the New Hampshire Rules of Professional Conduct. We work on a no-win, no-pay basis. Payment for our services is contingent upon us winning your case.
You no longer have to worry about wage garnishment or debt collection attempts. You do not have to pay any of the costs associated with pursuing your claim. Let us take on these risks on your behalf so you can demand the compensation you are entitled to without jeopardizing your personal finances.
If the Insurance Company Asked Me for a Statement, Should I Give Them One?
No, never give the insurance company a recorded statement without your attorney present or having consulted with your personal injury lawyer in New Hampshire. Anything you say to the insurance company could be used against you. You do not want to give the insurance adjuster any opportunity to unfairly reduce your payout.
Keep in mind that insurance companies lose money by paying out on claims. If you say something that could allude to guilt or liability for causing the accident, the insurance adjuster processing your claim may believe they have just cause to deny you the compensation you deserve. Instead, consult your lawyer or direct the insurance company to your personal injury attorney, who will confirm that the insurer has the information they need to process your claim.
Contact a Leading New Hampshire Personal Injury Lawyer for Help Today
You do not need to be intimidated at the thought of pursuing justice when you have a top-rated New Hampshire personal injury attorney from DiBella Law on your side. We are your trusted partner for personal injury claims in New Hampshire. When you are ready to take back control of your future but are unsure of where to begin, do not hesitate to contact our legal team to discuss your options further.
Our firm is proud to offer 100% free consultations to injury victims and accident survivors across New Hampshire and nearby Massachusetts. Let our experienced team fight for the compensation you deserve when you fill out our online contact form or call our office to claim yours as soon as today. When you have access to the financial support you need to rebuild your life, you will be glad you did.
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