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  • Writer's pictureKeith Diaz

Car Accident Personal Injury Lawsuit In New Hampshire: A Comprehensive Guide

Updated: Nov 1, 2023


Introduction


Accidents, whether they involve cars, motorcycles, or trucks are an unfortunate fact of life, and what follows can lead us into a maze of legal challenges and discussions. What is the core goal if you or someone close to you has to pay medical bills, is in pain, suffering physical or mental disability, has lost wages, and has a uphill climb to get their life back to normal? The core goal is to making sure that those affected get the compensation they deserve. While many think that lawsuits only come into play when talks hit a wall, it's a bit more intricate than that. Sometimes, we must go the legal route because, let's be honest, not everyone plays fair. Especially when it comes to big insurance companies, there can be instances where they're just not willing to negotiate genuinely. Big insurance companies, for instance, might not always be in the mood for a genuine chat about compensation. When faced with such hurdles, pursuing a legal avenue isn't just one of the many strategies; it's the very step needed to uphold justice and get what's due.


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Filing a Car Accident Personal Injury Lawsuit In New Hampshire


Deciding to file a car, truck, or motorcycle personal injury lawsuit in New Hampshire is no small decision. Often, victims consider this step when they believe the compensation offered by insurers is inadequate. Before embarking on this path, it’s a mistake to not consult a lawyer whose expertise can help determine the lawsuit's potential worth, especially given the wide range of values in car accident injury claims. There is also a financial angle to consider - the significant expenses that come with filing a lawsuit. Lastly, one must assess the insurer's final pre-suit offer, as it plays a pivotal role in deciding whether filing a lawsuit is the best way forward.


Valuation of a Car Accident Personal Injury Lawsuit


Figuring out how much a car accident personal injury case in New Hampshire is worth isn't straightforward. It would be great if there was a scientific, predictable formula, but that is not how it works. There is no substitute for an experienced personal injury lawyer.


If you are injured in an accident involving a car, motorcycle, or truck, you will likely ask yourself, “What steps do I take to make sure that the person who caused the accident pay my medical bills and lost wages?” or "How do I make sure that the person who caused the accident pay for my pain and suffering?" or "Is it even worth it to ask for compensation?" A discussion with a personal injury attorney can make all the difference in answering these questions. They've been in the game for a while, so they've seen most of it. They'll look at your case from all angles and give you an idea of what you might expect in terms of compensation.


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Personal injury claims are a bit like puzzles. There are so many pieces – medical bills, time off work, the pain you've been through, and even the emotional toll. It’s a mix of tangible and intangible things. A seasoned lawyer knows how to piece that puzzle together in a way that truly reflects what you've been through.


So, while we might wish for easy answers, the next best thing is to retain an attorney to be by your side. They ensure you don’t shortchange yourself and get what's genuinely fair for all the hardships you've faced. It's all about having someone who's got your back and knows the ropes.


Timeline of the Accident


After an accident, it's common for victims to mentally prepare themselves for an extended time in the legal system. The idea a long-drawn-out court battle is something many people anticipate. However, a vast majority of cases find resolution without ever setting foot inside a courtroom. Understanding the merits and drawbacks of pursuing a court trial as opposed to settling outside of court becomes imperative for informed decision-making. The best way to weigh the pros and cons of pursing a trial is to consult with an experienced personal injury attorney.


Choosing a jury trial over a settlement may seem appealing, primarily because it often presents the possibility of higher compensation. However, this route is not without its challenges. The nature of litigation brings along a set of risks. Litigation often can stretch over prolonged periods, making journey a test of patience and endurance. Moreover, litigation can be financially burdensome due to the accumulation of litigation costs involved in deposing witnesses, collecting medical records, police reports, hiring expert witnesses to explain to a jury some complex aspect of an injury claim. It is not uncommon to pay several thousand dollars to hire an accident reconstruction expert and pay over even more money to retain medical experts to explain how an accident caused injuries like spine damage or traumatic brain injury. Not to mention, the emotional toll a lawsuit can take on an individual is significant, adding to the existing stress from the accident itself.


By contrast, settlements, despite sometimes resulting in a comparatively modest compensation, have their distinct advantages. Settlements promise a faster way to close the chapter, allowing car accident victims to move on sooner. More importantly, settlements give the injured person control over the outcome, removing the uncertainties associated with jury trials. Settlements also provide speedier compensation, ensuring that victims can resolve medical bills and other expenses promptly.


Key Questions Before Filing a Personal Injury Lawsuit in New Hampshire


Taking the first step to filing a car accident personal injury lawsuit in New Hampshire requires thorough assessment. As victims of car accidents consider whether to file suit, several key questions arise that demand careful consideration. How firm is the foundation of their case? Does the lawsuit have the potential to survive in a court of law? Moreover, one must think about whether they will be satisfied with a prospective settlement. Finally, winning in court is only part of the equation. There is the real concern about the reality of collecting money from the person who caused your injuries.


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Navigating these considerations can be very difficult, and this is where the expertise of a legal professional becomes invaluable. Engaging with an attorney isn't just about formalities. It is about using their insights to make reasonable decisions. An experience personal injury attorney possesses the ability to dissect a case, evaluating its strengths and potential pitfalls. They can provide clarity on the intricacies of the legal process, from potential settlements to the complexities of enforcing judgments. By seeking and adhering to a lawyer's advice, a client can ensure that their chosen course of action isn't merely a reaction, but a well-considered, informed decision.


Defining a "Good” Personal Injury Case


In personal injury law, a "good" case goes beyond just being morally or factually right. It's about having a solid foundation built on verifiable facts and compelling legal arguments. In personal injury cases, where the vast majority of cases center around negligence, the burden is on the plaintiff to construct a narrative that stands up to the scrutiny of a jury.


First, it is paramount to establish the defendant's duty of care towards the injured party. The defendant is the person or entity that is alleged to have exercised poor judgment that caused the injured person’s injuries. This means that the injured person, also known as the plaintiff, must demonstrate that the defendant had a responsibility to act (or not act) in a certain way to prevent the harm to the plaintiff and that the defendant breached this duty. Stated differently, the plaintiff must prove that the defendant's actions or failure to act was not in line with the expected standard of conduct, leading to the accident.

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However, establishing the above is just the starting point. For a case to be truly strong, the plaintiff must also provide evidence of the damages caused by not acting within the standard of conduct. This involves presenting the testimony of the plaintiff, accident reports, medical records, and bills and often expert witness testimony to prove that the accident caused the plaintiff personal injuries like low back pain, neck pain, bruising, lacerations, broken bones, traumatic brain injury, spine injury, nerve damage, and many other terrible injuries caused by accidents involving trucks, cars, and motorcycles. Surprisingly, the initial injury is not usually disputed by the defendant or their insurance carrier. It is long-term pain and physical disability that sometimes is difficult to prove, especially if before the accident the plaintiff has a history of similar or identical problems. Furthermore, the emotional and physical pain suffered by the plaintiff, often more challenging to quantify, must also be convincingly portrayed to a jury. Only with all these elements in place can one say they have a "good" personal injury case.


Collecting Compensation


Winning a lawsuit is only half the story. Securing payment in a car accident personal injury case in New Hampshire not guaranteed. Imagine spending all that time and energy, only to find out that the person you sued can't even pay you. It is like running a marathon and finding out there is no finish line. Therefore, before filing a lawsuit, it's important to determine whether the defendant has the means to pay you. Personal injury attorneys look for payment through

photograph of car wreckage after a terrible accident.

insurance policies and search for assets (usually real estate, bank accounts, or assets in a revokable trust) in the event the insurance policy will not cover the injury. In short, you must check if the person or company you are taking on has the money or assets to pay if you win. It's a bit like making sure there's water in the pool before diving in. Why take the plunge if there's a chance it won't pay off or worse, you spend a large sum of money acquiring evidence and paying for expert witnesses and end up in the red. It is never wise to throw good money after bad. Always make sure you're aiming at a target that can compensate you.


Conclusion

Attorney and client talking about the merits of the case

In conclusion, dealing with car, motorcycle, and truck accident lawsuits in New Hampshire isn't a straightforward endeavor. On the one hand, there is the legal side of things – which can be quite intricate – and then there's the real-world aspect that demands a practical, common-sense approach. If you find yourself pressing for justice, or if you're in the supportive role for someone close, it's crucial to understand the entire legal landscape. Knowledge truly is your best ally here. Familiarizing yourself with the scope of courtroom litigation can be the difference between feeling lost and confidently steering the ship. Therefore, it is always a good idea to know what you are getting yourself into, perhaps even with the guidance of a personal injury attorney. This way, you are not only well-informed but also prepared to tackle challenges head-on. After all, in situations like these, having clarity and a good understanding isn't just comforting; it's empowering.


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