Accidents can happen at any time in New Hampshire, whether you’re commuting through Manchester or enjoying the White Mountains. If you or someone you love has been injured, you may be left with questions about your rights and how to get help. This guide answers common questions about personal injury claims, legal deadlines, and available resources.
How long do I have to file a personal injury claim in New Hampshire?
New Hampshire allows you three years from the date of the accident to file most personal injury lawsuits. This deadline is known as the statute of limitations. If you miss it, your case could be dismissed. It’s important to speak with an attorney as soon as possible to protect your rights.
What should I do right after an accident?
First, check for injuries and call 911 if anyone needs emergency help. Get medical attention right away, even if you feel fine, as some injuries appear later. Take photos of the scene, gather witness information, and file a police report. Keep records of all medical visits and accident-related costs.
Is New Hampshire an at-fault state for car accidents?
Yes, New Hampshire is an at-fault state. That means the driver who caused the accident is financially responsible for the damages. You can file a claim with their insurance company, your own, or pursue a lawsuit. Proving fault is key to recovering compensation.
What types of damages can I recover in a personal injury case?
You may be eligible for compensation for medical bills, lost wages, pain and suffering, emotional distress, and property damage. If the injury has long-term effects, you could also seek damages for future care or loss of earning capacity. A lawyer can help estimate the full value of your claim.
Can I still recover compensation if I was partially at fault?
Yes. New Hampshire uses a modified comparative fault rule. As long as you are less than 51 percent responsible for the accident, you can still recover damages. Your compensation will be reduced by your percentage of fault.
How do I get a copy of a police report in New Hampshire?
You can request a crash report through the New Hampshire Division of Motor Vehicles or the local police department. Visit https://www.nh.gov/safety/divisions/dmv for more information. You’ll need the date of the incident and other identifying details to make the request.
What if the at-fault driver doesn’t have insurance?
If the other driver is uninsured, you may be able to file a claim under your own Uninsured Motorist (UM) coverage. UM coverage is optional in New Hampshire but is highly recommended. If you don’t have this coverage, you may need to sue the at-fault driver directly.
What should I know about slip-and-fall accidents?
Property owners in New Hampshire are responsible for maintaining safe conditions. If you slipped due to a known hazard, such as ice or poor lighting, you may have a premises liability claim. You’ll need to prove that the property owner failed to address a danger they knew or should have known about.
Who can file a wrongful death claim in New Hampshire?
A wrongful death claim can be filed by the executor or administrator of the deceased person’s estate. Family members like spouses, children, or parents may be eligible to receive compensation. The statute of limitations for wrongful death cases in New Hampshire is typically three years.
Are there any resources to help injured victims?
Yes. If you’re struggling financially after an accident, you may qualify for Medicaid, SNAP, or state disability assistance. Victims of violent crimes may also receive help through the New Hampshire Victims’ Compensation Program. These resources can help with medical costs, lost wages, and other expenses.
Can I sue a government agency if they caused my injury?
Yes, but there are special rules for filing claims against public entities. You must file a notice of claim within a limited time, often within 180 days of the incident. These cases can be more complicated due to liability caps and procedural requirements. Legal advice is especially important in these situations.
What happens if my child is injured?
Parents or legal guardians can file a personal injury claim on behalf of a minor. Compensation may include medical costs, future care needs, and pain and suffering. New Hampshire law may extend the filing deadline for children, but taking action early helps preserve evidence and improve your case.
Do I need a lawyer for a personal injury case?
You’re not legally required to have a lawyer, but working with one can improve your chances of a fair settlement. A lawyer can negotiate with insurance companies, gather evidence, and represent you in court if needed. Many personal injury attorneys work on contingency, so you pay nothing upfront.