Double Recovery in a New Hampshire Personal Injury Whiplash Case

In this New Hampshire personal injury case involving whiplash, Apis Law represented a client injured in a collision caused by a driver exiting a private driveway in New Boston without warning. Although the client healed within several months and sustained no permanent impairment, Apis Law produced an exceptional outcome.

This case illustrates how a comprehensive legal strategy, encompassing lien reduction, Med Pay coordination, and narrative development, can transform a modest New Hampshire car accident claim into a substantial recovery.

This result highlights how an experienced New Hampshire personal injury attorney can add value far beyond what an insurer initially offers.

(Practice Area: Personal Injury - Car Accident | Jurisdiction: New Hampshire)

Personal Injury Case Overview - Whiplash

Apis Law’s client sustained whiplash when an inattentive driver pulled out of a private driveway into oncoming traffic, striking the vehicle and causing a sudden, forceful impact. The client sought representation after receiving a low settlement offer that failed to account for medical bills, lost income, and the disruption the crash caused in their daily life.

Although the client's injuries healed, they faced thousands of dollars in medical expenses, a health insurance reimbursement lien, lost wages, and the stress of managing treatment alongside their personal and professional responsibilities. The client needed an advocate who could protect their financial interests and ensure that every available coverage source worked in their favor.

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Key Facts and Background

Liability was clear. The at-fault driver failed to yield when entering the roadway, violating basic rules of safe operation under New Hampshire law. The collision caused the total loss of the car, multiple soft tissue injuries to the client’s neck, shoulders, and back, as well as a concussion that disrupted sleep and concentration for weeks.

The client's medical care included urgent evaluation, chiropractic treatment, physical therapy, and follow-up for post-concussive symptoms. Although the client made a full

recovery within a few months, the medical bills were only $13,000,000. The health insurer later asserted a $6,000 subrogation lien, requiring reimbursement from any settlement.

The at-fault carrier’s initial offer was $13,000—barely enough to cover the lien and a portion of the bills. After attorney fees and lien repayment, the client would have kept less than $4,000.

The offer did not reflect the temporary but real disruption to the client's life, or their out-of-pocket exposure created by the lien and uncovered costs. In the end, Apis Law recovered $31,000.00 for the client.

Legal Issues and Challenges in a Whiplash Personal Injury Case in New Hampshire

The case presented several challenges common in New Hampshire soft tissue injury claims:

Insurer Minimization of Soft Tissue Injuries

Carriers often treat soft tissue injuries as “minor” and value them solely on billed medical charges. The initial offer reflected this approach, ignoring wage loss and non-economic harm.

Large Health Insurance Subrogation Lien

The $6,000 lien significantly reduced the client’s potential net recovery. Without negotiation, the client would have been forced to reimburse nearly half of the available settlement.

Lack of Permanent Impairment

Since the client had fully recovered and exhibited no lasting symptoms, the insurer argued that no additional value existed beyond the medical bills.

Overlapping Coverage Issues

The case involved liability coverage, health insurance reimbursement, and potential Med Pay benefits. Proper sequencing and coordination were essential to avoid unnecessary repayment obligations.

These issues made the case far from simple. Without strategic lawyering, the client faced an outcome that would have left them worse off financially than before the collision.

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Strategy and Litigation Approach to Whiplash Case

Apis Law approached the case with a focus on maximizing net recovery, not just increasing the gross settlement figure.

Challenging and Reducing the Subrogation Lien

The firm applied the common fund doctrine, which requires lienholders to share proportionally in the legal fees that make the recovery possible. Through negotiation and presentation of equitable factors, the lien was reduced by more than $2,000, immediately increasing the client’s bottom line.

Coordinating Med Pay Benefits

Many New Hampshire auto policies provide between $1,000 and $5,000 in Med Pay coverage. Apis Law secured Med Pay funds to offset outstanding medical costs, thereby reducing the client’s financial exposure and limiting the amount that needed to be paid from the settlement.

Building a Narrative of the Client’s Experience

Soft tissue cases often hinge on documenting the human impact behind the medical records. Apis Law developed a compelling, fact-driven narrative supported by:

• treatment notes reflecting ongoing pain and concussion symptoms

• documentation of anxiety and sleep disturbance

• lost wage statements

• evidence of the client’s commitment to recovery

This reframed the case from “medical bills only” to a broader understanding of the disruption and hardship the client endured.

Negotiating the Liability Settlement

Armed with a properly documented claim and reduced lien exposure, Apis Law engaged the insurer from a position of strength. By shifting the focus from raw medical bills to the full scope of the client’s losses, the firm achieved a substantially higher settlement.

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Outcome and Resolution

Through strategic advocacy, Apis Law secured a total recovery exceeding $31,000, more than doubling the insurer’s initial valuation of the case. The improved outcome was driven not by exaggeration or permanent injury claims, but by:

• reducing the health insurance lien

• leveraging Med Pay benefits

• presenting a complete picture of the client’s experience

• negotiating firmly and methodically

For the client, this meant:

• All medical bills were paid

• The subrogation lien was reduced

• Out-of-pocket costs were eliminated

• They received meaningful compensation for pain, disruption, and wage loss

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What This Case Means for New Hampshire Victims of Whiplash

This case highlights a crucial truth: net recovery matters more than the headline settlement amount.

New Hampshire injury victims often underestimate the impact of:

• subrogation liens,

• overlapping coverages,

• Med Pay coordination, and

• sequencing of payments.

Insurers rely on this complexity. Without counsel, many people accept offers that appear reasonable but leave them owing money to providers or insurers. Contact Apis Law Today.

Experienced legal representation ensures that:

• you do not overpay liens,

• you access every dollar of available coverage,

• you do not shoulder financial burdens the law does not require, and

• insurers cannot minimize the real impact of your injuries.

Even temporary or “minor” injuries deserve a full and fair evaluation.

Frequently Asked Questions

Does a result like this guarantee what my case is worth?

No. Every New Hampshire personal injury case is different. Settlement value depends on medical evidence, liability, insurance coverage, and the specific facts of each situation. Past outcomes never predict future results.

How long do soft tissue injury cases usually take in New Hampshire?

Many resolve several months after treatment ends, but timelines vary. Some settle quickly while others require extended negotiations or litigation to reach a fair result.

Do soft tissue cases usually go to trial?

Most do not. The majority settle through negotiation or mediation. Trial becomes necessary only when liability, damages, or valuation remain disputed.

What is Med Pay coverage and how does it help?

Medical payments coverage (Med Pay) is a benefit on many New Hampshire auto policies that pays medical expenses regardless of fault. Properly coordinated, it can reduce out-of-pocket costs and improve net recovery.

How does lien reduction increase compensation?

When a health insurer asserts a subrogation claim, an attorney can apply doctrines like the common fund rule and negotiate reductions. Lowering the lien increases the client’s take-home recovery.

Is it worth hiring an attorney for a soft tissue injury without permanent impairment?

Yes. Even temporary injuries involve liens, coverage layers, and negotiation challenges that significantly affect net recovery. Skilled representation often yields materially better results than self-handling a claim.