Concord Personal Injury Lawyer
Personal injury covers all claims filed by individuals who suffer injuries due to another person or entity’s negligence. Injuries can vary in severity, as some are temporary while others are permanent, and the compensation available to you will depend on the damages you sustain because of someone else’s negligence.
Whatever damages you sustain in an accident borne of negligence, you are entitled to pursue compensation with the professional help and guidance of an attorney. One of our experienced Concord personal injury lawyers might be able to help you recover damages for your medical bills, lost wages, pain and suffering, and any other expenses you incurred as a result of someone’s carelessness.
Elements To Establish In A Personal Injury Claim
Success in personal injury claims depends on a claimant’s ability to prove negligence based on a duty of care owed to them by the defendant. It is an injured person’s responsibility to prove that the defendant in their case breached that duty of care and subsequently caused the plaintiff’s injuries and damages. Examples of common personal injury claims in Concord include:
- Auto collisions
- Truck crashes
- Pedestrian accidents
- Premises liability
- Slip-and-falls
- Construction accidents
- Medical malpractice
- Defective products
- Wrongful death
An attorney familiar with personal injury law could evaluate a claim and maximize its chances of success.
What Is The Statute Of Limitations For Personal Injury Claims In Concord?
According to NH RSA 508:4, personal injury lawsuits in Concord must generally be brought within three years of the date of injury. Failure to file a civil lawsuit on time will forfeit a claimant’s right to receive any compensation whatsoever.
When someone does not realize their injuries at the time of the accident, which is often the case with medical malpractice, the statute of limitations does not begin until the injured party discovers or should have reasonably discovered their injury.
Understanding how the statute of limitations applies in certain personal injury lawsuits is essential to preserving a claimant’s right to sue. A skilled attorney could help ensure a personal injury claim is filed in a timely manner to protect a claimant’s right to pursue compensation from liable parties.
What Is The Role Of Comparative Fault In Local Personal Injury Cases?
Concord, New Hampshire, follows the comparative fault rule defined in N.H. RSA 507:7-d. According to this statute, when a plaintiff is found partially at fault, they can still recover damages. However, their damages would be reduced in proportion to the percentage of fault assigned to them by a jury. For example, if a plaintiff is injured in a car accident by a driver running a red light, but the plaintiff’s injuries were made worse because the plaintiff was speeding when the collision occurred, causing a greater impact, they would most likely be able to obtain a recovery, but it could be reduced by some degree because their own negligence made their injuries worse. In that example, assume the jury assigned 20% of the fault to the plaintiff because of their excessive speed. The court would reduce the amount of monetary damages awarded by the jury by 20%.
Furthermore, if a plaintiff is found to be more at fault than the defendant, their recovery will be barred completely. A skilled Concord personal injury attorney could help strengthen claims against the defendant and refute allegations of contributory negligence. Attorney Jason Major was able to obtain a six-figure recovery for a woman who was initially found at fault for a serious motor vehicle crash after carefully reviewing the evidence and determining that the accident investigators may have made a crucial mistake when determining how a traffic light system worked, meaning she may have been the party with the green light immediately prior to the crash. Attorney Lehmann was instrumental in obtaining a settlement for the estate of a woman who was shot by the police. Although the police were cleared of criminal charges in the shooting, he was able to provide evidence that the officer who fired the shots acted improperly and was liable for damages.
Recovering Damages After A Personal Injury In Concord
An injured party may be entitled to three types of damages in a personal injury claim: economic, noneconomic, and, in extreme cases, enhanced compensatory damages. Economic damages are the tangible losses an injured person incurs as a result of another’s negligence and may include medical expenses, lost wages, loss of future earning capacity, rehabilitation costs, home care costs and other out-of-pocket expenses.
Noneconomic damages cover the nonmonetary losses someone incurs due to negligence and typically include pain and suffering, disfigurement, emotional distress, loss of mobility, loss of consortium and loss of enjoyment of life.
Enhanced compensatory damages may only be awarded in egregious cases where a defendant has acted in a wanton, malicious or oppressive manner.
A seasoned personal injury attorney who is familiar with local courts could fight to ensure a plaintiff receives all just and fair damages to compensate their losses to the fullest extent.
Frequently Asked Personal Injury Questions
Being knowledgeable about the law and capable of answering and resolving your questions is something we take immense pride in. When clients come to us, they want clarity, and we aim to give it to them at every step. Here are a few questions our clients ask us early in their personal injury process
What should I do immediately after an accident to protect my rights?
To protect your rights as a person recovering from an injury, your most important actions involve being careful. You will have to communicate with insurance, but you must take steps to present them with only relevant information. You do not admit fault. You do not opine on why the accident happened. You simply provide information.
According to New Hampshire law, you will have to file a police report about the accident as well. This is an essential step, and failure to do so may impact your ability to collect compensation.
How long do I have to file a personal injury claim?
We mentioned above that in New Hampshire, the statute of limitations for personal injury claims is three years in most cases. However, there are some circumstances that allow you to exceed that statute, but they are relatively rare and include not being aware that a condition was caused by the accident until much later.
Still, three years should normally be sufficient time to identify a potential claim, but insurance companies employ sophisticated delay tactics that can use up most of that time.
What types of compensation can I receive in a personal injury case?
We covered economic and noneconomic damages earlier on the page, but those are the two categories of damages. We also speak about enhanced compensatory damages. However, one part of these damages that we did not touch on was the potential caps on damages.
For economic damages, there is no cap. If the sum total of damages to cover your medical costs is $1,000,000, all of it is compensable. Likewise, for noneconomic damages, such as pain and suffering and punitive damages, there is no cap. Previously, there had been one, but the New Hampshire Supreme Court found that capping those damages was unconstitutional.
How is fault determined in a personal injury case?
A fault is determined by closely looking at the evidence of the case. Above, we covered a significant portion of New Hampshire’s comparative fault law. But let’s talk briefly about the types of evidence that will drive this case:
- Police reports: Seen as an unbiased review of an accident. It is required to file a police report after any accident with an injury.
- Accident photos: Including the scene and the vehicles. These photos paint a picture of the damage you suffered through.
- Witness testimony: Eyewitness and expert witnesses. People who saw the accident can build a compelling timeline, and experts can define the extenuating factors in a case.
There are many aspects of the evidence needed to determine who is at fault, but as your lawyers, we will manage this process from beginning to end.
Do I need a lawyer to handle my personal injury claim?
There is no requirement that you have a lawyer to handle your personal injury claim, but not getting help may leave you in a difficult legal position. As attorneys, we know New Hampshire law and the courts in Concord. We understand the right way to deliver information and present your case before the judges and juries. We also know how to overcome obstacles and challenges raised by the insurance company.
Without that knowledge, you will be wide open to simple legal tactics that will trip you and stop you from recovering the full amount you deserve.
Talk To A Concord Personal Injury Attorney For A Case Evaluation
Being injured in an accident through no fault of your own can leave lasting physical and emotional scars. A skilled Concord personal injury lawyer at our firm could handle your case and fight for the total compensation you deserve while you focus on recovery. Call our legal team today at 603-715-2516 or reach out online for your specialized case evaluation.