New Hampshire Personal Injury Attorneys

Our Personal Injury Settlements: A Record of Success

We have settled many cases for six and seven-figure settlements that we are not allowed to discuss, but below are a few of the cases that are not subject to confidentiality agreements:

• Motor Vehicle Collision: $1,250,000 - We represented the estates of a husband and wife that were tragically killed in a motor vehicle collision. There were issues regarding liability, so suit was filed. The case settled after suit was filed for $1,250,000.
• Burn Injury: $900,000 - We represented a young woman who was burned at a college function. She missed a significant amount of time from school and was left with scars on her legs. The case settled after suit was filed for $900,000.
• Slip & Fall: $232,000 - We represented a man who slipped and fell on ice in a parking lot on the way to work and injured his knee. at a mall. The case settled for $232,000 before trial.

Though we cannot guarantee a specific outcome for your particular case, because the facts behind every personal injury claim are different, we do promise to provide you with outstanding legal representation. Our New Hampshire personal injury lawyers have decades of trial and negotiation experience and have achieved favorable case results for nearly every single client we’ve ever had. We will fight for you until we have secured the best outcome possible for your situation.

If you have been hurt in an accident, you deserve compassionate and competent legal representation. Contact our New Hampshire personal injury attorneys today at (603) 634-9560 to schedule your free case evaluation.

New Hampshire Personal Injury Laws

Personal injury laws in New Hampshire govern the legal rights of individuals who have been harmed due to the negligence or wrongful actions of others. These laws allow injured parties to pursue compensation for damages. The state follows a fault-based system, meaning the person or entity found legally at fault for causing the injury is financially responsible for the resulting damages.

To succeed in a personal injury lawsuit in New Hampshire, the plaintiff (the injured party) must prove the following four key elements of negligence:

1. Duty of Care: The defendant (the person being sued) must have owed a legal duty of care to the plaintiff. This means the defendant had a responsibility to act with reasonable care to avoid causing harm. For example, drivers have a duty to follow traffic laws and drive safely to prevent accidents.
2. Breach of Duty: The plaintiff must show that the defendant breached that duty by acting (or failing to act) in a way that a reasonably prudent person would not have. This could include reckless driving, failing to clean up a spill, or not providing proper medical treatment.
   • Causation – There must be a direct link between the defendant’s breach of duty and the plaintiff’s injury. This is often broken down into two parts:
   • Actual Cause (Cause in Fact) – The injury would not have occurred "but for" the defendant’s actions.
3. Proximate Cause – The harm was a foreseeable result of the defendant’s actions.
4. Damages: The plaintiff must have suffered actual damages—such as physical injury, emotional distress, lost wages, or medical bills—as a result of the defendant’s actions. Without real, provable harm, there is no valid personal injury claim, even if the other elements are present.

Each of these elements must be proven by a preponderance of the evidence, meaning it is more likely than not that each element is true. If any single element is not established, the claim will likely fail.

New Hampshire adheres to the legal doctrine of modified comparative fault. Under this system, an injured person can still recover damages even if they are partially at fault for the accident, as long as their share of the fault is 50% or less. However, the amount of compensation they receive will be reduced by their percentage of fault. For example, if someone is awarded $100,000 in damages, but is found to be 30% at fault, they would receive $70,000. If the injured party is found to be more than 50% at fault, they are barred from recovering any compensation.

When it comes to the statute of limitations, victims have three years from the date of the injury to file a lawsuit in civil court. Failure to meet this deadline typically results in losing the right to seek compensation. However, there are some exceptions based on the nature of the case or when the injury was discovered, such as in cases involving minors or latent injuries.

Unlike many other states, New Hampshire does not have a cap on damages in most personal injury cases, meaning there is no statutory limit to the amount of compensation a jury can award for things like pain and suffering. This makes the state relatively favorable to plaintiffs seeking full recovery for serious injuries. However, success in personal injury cases still depends on proving negligence, causation, and damages through solid evidence and legal arguments. Therefore, it is best to hire an experienced personal injury attorney in New Hampshire.

Following an accident that is caused by someone else's negligence, you may be eligible to receive compensation for any of the following types of personal injury damages:

• Medical costs (medications, x-rays, surgeries, physical therapy, etc.)
• Anticipated future medical expenses
• Lost income
• Lost earning capacity
• Property damage
• Pain and suffering

In some situations, you may also be entitled to punitive damages if the negligent party was acting in a particularly dangerous manner. For example: driving while intoxicated.

When a New Hampshire personal injury lawyer agrees to take your case, he or she is dedicated to putting forth your best possible case. They are there to support you and your claim, but there is some information that your attorney will need from you to have the best chance of winning your case.

#1: When did the injury occur?

Knowing what date the injury occurred is an important piece of information in any personal injury case. This can include the date of an accident or the date the injury was discovered by a medical professional. When you first meet with your attorney, he or she will want to make sure there is a way to document this date through medical records, an accident report, or other means.

#2: How much has this accident cost you?

Your personal injury attorney will want to know if you’ve missed work due to your injury, received medical care, or incurred any other costs as a result of the accident. Part of your attorney’s job will be to compile all relevant records and calculate the cost of your injury, which will ultimately be used to help determine the amount of damages awarded to you in the event you win at trial or settle your claim.

#3: Were you at work?

Your attorney needs to know which party may be liable for your injury before moving forward with a case. Was your injury caused by faulty equipment at your job or because of unsafe conditions? If you were injured at work, you may be eligible for workers’ compensation benefits. Your personal injury lawyer can discuss with you how to proceed if your injury is work-related.

#4: Where were you injured?

When you file a personal injury case, you must establish who is at fault. Knowing where the injury took place will help your lawyer do just that. Did the injury take place at a grocery store? If so, your attorney will need to find out who owns the store, who owns the property, and who may be responsible for any negligence that contributed to the accident. 

For instance, if you slipped on a wet floor the store employees had just mopped, the store owner may be liable. If you fell on a broken step entering the store, it may be the property owner who is liable. Your NH personal injury lawyer will be tasked with investigating who is at fault before filing a lawsuit.

#5: Have you been contacted by anyone?

After your injury, did anyone involved call to check up on you and see if you’re OK? Have any insurance companies reached out offering a settlement? Were the police involved in any way?  

Sometimes when a person is injured at someone’s home, at a place of business, or in a car accident, others involved will contact the injured party. This can be out of genuine concern. For instance, when a dog bites a child, the dog owner could be sincerely concerned about how the child is doing. 

On the other hand, the other party may also contact you to drop the matter and dissuade you from seeking damages.

It is important to share this information with your personal injury attorney. Communications such as phone calls, emails, or text messages may include an admission of guilt which can be helpful in negotiating a settlement or serve as evidence at trial.

What should I look for when choosing a personal injury lawyer?

When choosing a personal injury lawyer, there are several important factors to consider. First, make sure the attorney has experience in handling cases like yours. Ask them what kind of experience they have had with similar cases and look for references from past clients. Secondly, it's important to be comfortable with your attorney, as you will need to share openly all details of your case with them. Thirdly, make sure you understand their fee structure before signing any contracts or agreeing to any representation.

How long do I have to file a personal injury claim in New Hampshire?

In New Hampshire, you have three years from the date of your injury to file a personal injury claim. If your claim is not filed within the statute of limitations, then you will likely be unable to recover any compensation, even if the evidence clearly shows that the proposed defendant caused your losses.

Do I have to go to court to resolve my personal injury case?

Not necessarily. In most successful personal injury cases, an out-of-court settlement can be reached with the help of attorneys on both sides. If this is not possible, then a trial may be necessary to resolve the case. No attorney can guarantee how your case will resolve, and any case could end up in court. You should work with a lawyer who knows how to prepare for litigation.

How long does a personal injury case typically take to resolve?

The length of time it takes to resolve a personal injury case depends on several factors, such as the complexity of the case and how willing the parties are to come to an agreement. A typical case can take anywhere from several months to a few years. Cases that settle tend to take far less time than cases that don’t. It's important to keep in mind that every case is unique, and timelines may vary depending on the circumstances of each one.

Do you have to accept an insurance settlement?

You are never required to accept an insurance settlement, but accepting an insurance settlement might be a good option if it covers all your damages and losses related to your personal injury case. You should always consult your attorney before accepting any insurance settlement as they can provide professional advice about how it compared to the true value of your claim. Furthermore, it's important to remember that once you accept a settlement, it typically means that you can no longer pursue further legal action or sue for additional compensation.

Do I still have a case if I was partially responsible for my injuries?

In New Hampshire, you can still pursue a case even if you were partially responsible for your injuries. The legal principle of "comparative negligence" applies, meaning your compensation will be adjusted based on your degree of fault.

For example, if you were found to be 20% at fault, your compensation will be reduced by that percentage. It's essential not to assume that your partial responsibility disqualifies you from seeking damages. Consulting with an experienced personal injury attorney at Upton & Hatfield is crucial. We will assess the circumstances, gather evidence, and build a strong case to demonstrate the other party's liability and minimize the impact of your comparative negligence.

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, demonstrate the defendant owed a duty of care to the injured party.
• Second, show the defendant breached that duty by acting unreasonably.
• Third, prove that the breach directly caused the injuries.
• Finally, demonstrate the plaintiff suffered actual damages.

At Upton & Hatfield, we use various investigative techniques, gather evidence, and work with experts to build a strong case. By analyzing the incident details and employing our legal expertise, we aim to demonstrate the defendant's negligence and secure fair compensation for our clients.

How much does it cost to hire a personal injury lawyer?

At Upton & Hatfield, we work on a "contingency fee" basis for personal injury cases in New Hampshire. You won't pay upfront fees or retainers. Our fees are contingent on a successful resolution of your case. If we secure a settlement or win in court, our fees will be a percentage of the awarded compensation. If we can't obtain compensation, you won't owe us any legal fees. This structure ensures you get skilled representation without immediate out-of-pocket expenses. During the initial consultation, we'll explain the contingency fee arrangement and address any concerns you have.

Are personal injury settlements taxable?

In most cases, personal injury settlements are not considered taxable income. This means that you generally do not have to pay taxes on the money you receive from a settlement or award for pain and suffering, emotional distress, punitive damages, lost wages, or property damage. The IRS sees those finances as compensation for losses, not a payment or gain. However, you should always speak with a tax professional to ensure that your settlement does not require any tax payment.