Why Choose a Local Personal Injury Attorney in New Hampshire?
Working with a local injury attorney in New Hampshire means you benefit from an advocate who understands the state’s legal process and the specific concerns of its communities. At Upton & Hatfield, LLP, we have developed relationships with courts, insurance adjusters, and health care providers in Concord, Portsmouth, Peterborough, and many other communities throughout the state. This local insight helps us address the unique aspects that might affect your case.
Each county in New Hampshire follows its own practices for scheduling cases and handling evidence. A local accident lawyer who knows these details can help you anticipate the next steps and prepare for what the process involves. Our team also understands how conditions such as winter weather, rural roads, and busy tourist seasons can lead to certain types of accidents and claims. We are always ready to address the circumstances that impact people in our region.
Choosing a personal injury lawyer committed to New Hampshire means you receive guidance from someone dedicated to supporting people here. Our history and active role in the community allow us to advocate for our clients with knowledge gained from decades of living and working in this state.
New Hampshire Personal Injury Laws
Personal injury laws in New Hampshire protect people harmed by another’s negligence or wrongful behavior. These laws let injured people seek payment for their losses. New Hampshire follows a fault-based system, meaning the person or entity at fault for the injury must pay for damages caused.
When you file an injury claim in New Hampshire, you must follow the state’s civil procedures and submit proper paperwork under local court rules. Courts in counties like Hillsborough and Merrimack may have specific requirements for submitting evidence or scheduling hearings. We help make sure clients’ cases meet these requirements and avoid unnecessary delays.
To succeed in a personal injury lawsuit in New Hampshire, the plaintiff (the injured party) must prove these four key elements of negligence:
- Duty of Care: The defendant (the person being sued) must have owed a legal duty of care to the plaintiff. This may include a driver obeying traffic laws to avoid accidents.
- Breach of Duty: The plaintiff must show the defendant failed to meet that duty, either by acting carelessly or not taking action when required. This might involve reckless driving, leaving a spill unaddressed, or missing signs of a medical issue.
- Causation: There must be a direct link between the defendant’s conduct and the plaintiff’s injury. Causation breaks down to two parts: actual cause (the injury would not have happened but for the defendant’s actions) and proximate cause (the harm was a foreseeable result of those actions).
- Damages: The plaintiff suffered actual losses—like physical injury, emotional distress, medical bills, or lost wages—as a direct result of the defendant’s actions.
The plaintiff must prove each element by a preponderance of the evidence, showing it is more likely than not to be true. If any element is missing, the case is unlikely to win.
New Hampshire uses modified comparative fault, which lets a person get payment even if they share some blame, as long as they are 50% or less at fault. The court reduces the damages by the person’s percentage of fault. If the person is more than 50% responsible, they cannot collect damages.
This law applies broadly to injury claims, from auto accidents on icy roads to injuries on poorly maintained properties. Details like icy walkways in Manchester or poorly lit parking lots in Concord may affect how fault is divided. Our attorneys factor in these regional circumstances when preparing each claim.
Victims have three years from the injury date to file suit in civil court under New Hampshire law. Missing this window usually means you lose the right to recover damages. Some exceptions may apply for injuries discovered later, for minors, or under rare circumstances.
New Hampshire law generally puts no cap on damages in personal injury cases, so there’s no set limit on jury awards for pain and suffering. This lets people seek full compensation for serious injuries. Proving who caused the injury and the extent of loss, however, is essential to recovering damages. Choosing a personal injury attorney in New Hampshire with experience in this area can help you protect your rights under state law.
Compensation for Your Injuries & Losses
When someone else’s negligence causes your injury, you may qualify for compensation for a range of damages. These may include:
- Medical costs (medications, x-rays, surgeries, physical therapy, and more)
- Expected future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
You may also qualify for punitive damages if someone acted especially recklessly, such as by driving drunk. Courts award these damages to punish especially dangerous behavior.
What to Expect During a Personal Injury Claim in New Hampshire
A personal injury claim in New Hampshire begins with a consultation, where an attorney reviews your circumstances and answers your questions. After you decide to proceed, our team will collect medical records, review your injuries, and examine how the accident has affected your life.
You may receive requests for records, communicate with insurance representatives, or undergo an independent medical examination. If negotiations do not reach a settlement, your case may head to trial. In New Hampshire counties like Rockingham, Grafton, and Strafford, courts follow local processes and schedules that can affect your timeline and experience.
Throughout the claim, we keep you updated on progress and on typical timelines in your area. Local courts may move at a different pace depending on caseload, holidays, and other variables. You can rely on our experience across New Hampshire to guide you and offer insight into likely next steps as your claim moves forward.
Five Things Your Personal Injury Lawyer Needs to Know
When a New Hampshire personal injury lawyer agrees to take your case, unique details about your situation help provide the best representation. Attorneys support your claim, but they need key information from you to ensure your case has the best chance.
#1: When did the injury occur?
The date of your injury matters for every personal injury claim. Documenting this date—using medical records, accident reports, or other proof—is essential. This helps your legal team confirm the claim meets deadlines and procedural rules.
#2: How much has this accident cost you?
Your attorney needs to understand losses from missing work, receiving medical care, or other expenses the accident caused. Gathering records builds a full picture, which supports pursuing appropriate compensation if you win or settle your claim.
#3: Were you at work?
Who is responsible for your injury may depend on location and circumstances. If workplace hazards or unsafe conditions caused your injury, you may qualify for workers’ compensation. Your personal injury lawyer can review these details and explain next steps.
#4: Where were you injured?
Identifying where your injury happened helps determine liability. For example, accidents in stores might involve responsibility by the store owner, property owner, or other parties. Your NH personal injury lawyer investigates and helps identify all liable parties.
If you slipped on a recently mopped floor, the store owner may bear fault. If you fell going up a damaged step, the property owner could be responsible. Your attorney reviews the facts before any lawsuit is filed.
#5: Have you been contacted by anyone?
After your injury, parties involved may contact you to check on your condition, or insurance companies might offer a settlement. Police may also follow up if they responded to the scene. Stay aware of this contact and document it.
Other contacts may feel helpful or may attempt to talk you out of seeking compensation. Always inform your attorney about these interactions. Phone calls, emails, or texts could affect negotiations or provide evidence in your claim.
New Hampshire Personal Injury FAQ
What should I look for when choosing a personal injury lawyer?
When selecting a personal injury lawyer, check their history with similar cases and look for client references. You should feel comfortable discussing your claim with your lawyer. Always ask to see and understand the fee arrangement before agreeing to representation.
How long do I have to file a personal injury claim in New Hampshire?
In New Hampshire, the standard deadline to file a personal injury claim is three years from the injury date. If you miss this window, you will likely lose your chance for compensation, no matter how strong your case may otherwise be.
Do I have to go to court to resolve my personal injury case?
Most successful cases settle before trial with negotiations between lawyers. However, if settlement isn’t reached, a trial may be necessary. Because any personal injury claim can go to court, work with an accident attorney prepared for litigation.
How long does a personal injury case typically take to resolve?
Timelines vary, but a personal injury claim in New Hampshire may resolve in a few months or could take years, especially if it goes to trial. Simpler settlements typically conclude faster, while complex cases often take longer due to investigation or scheduling requirements.
Do you have to accept an insurance settlement?
You never have to accept an insurance company’s offer. Settlement can be a reasonable choice if it covers your losses, but always review the proposed settlement with your personal injury attorney first. Remember, after you accept a settlement, you generally cannot pursue additional claims for that incident.
Do I still have a case if I was partially responsible for my injuries?
New Hampshire’s modified comparative fault rule lets you pursue a claim if you are 50% or less at fault. The compensation you receive will be reduced by your share of responsibility. Consulting a personal injury lawyer in New Hampshire can help clarify your options and support your claim’s success.
For example, if you were 20% responsible, your damages would be reduced by that amount. Partial fault does not disqualify you, but your lawyer will work to demonstrate the other party’s liability and defend your interests in New Hampshire.
What should I do if I have been injured?
If you've been injured, it is critical you follow these steps:
- Seek medical attention immediately, even for seemingly minor injuries, as some may have delayed symptoms.
- Document the accident scene with photos and witness information.
- Report the incident to the relevant authorities or property owners.
- Preserve evidence like damaged items and keep track of medical documents and expenses.
- Avoid speaking to insurance adjusters before consulting with us.
- Contact Upton & Hatfield, and our personal injury lawyers will assess your case, advise you on the best course of action, and handle negotiations or litigation on your behalf
How do you prove negligence in a personal injury case?
To prove negligence in a personal injury case, we must establish four elements:
- First, show the defendant owed a duty of care to the injured party.
- Next, demonstrate the defendant breached that duty by acting unreasonably.
- Then, prove that the breach directly caused the injuries.
- Finally, confirm that the plaintiff suffered actual damages.
At Upton & Hatfield, we gather evidence, use investigative methods, and sometimes consult with outside professionals to build a strong claim. We analyze your situation, help frame the legal issues, and present your position for fair compensation.
How much does it cost to hire a personal injury lawyer?
Upton & Hatfield handles personal injury cases on a contingency fee basis in New Hampshire. You do not pay any retainer or upfront fees. The attorney’s fee comes from a successful settlement or court judgment. If there’s no recovery, you owe nothing in legal fees. At your consultation, we’ll explain our contingency arrangement and answer any questions.
Are personal injury settlements taxable?
Generally, personal injury settlements are not taxable income. You usually do not pay taxes on money recovered for pain and suffering, wage loss, or property damage, as these compensate you for real losses rather than providing a gain. However, consult a tax professional to discuss your specific situation and ensure compliance with IRS rules.
