Personal Injury Claims & Lawsuits In New Hampshire

Common Types of Personal Injury Claims in New Hampshire

Certain types of personal injury claims & lawsuits in New Hampshire tend to be filed more often than others. Knowing your potential negotiation and lawsuit options for each is vital for recovering your losses.

Motor Vehicle Accident

Claims related to car accidents are common in every state. You typically negotiate with insurers but could also sue the person who caused the accident. Plaintiffs must show that the defendant’s negligent driving caused their injuries. The trial success rate for plaintiffs is about 64%.

If yours is one of the few car accident cases that go to trial, your lawyer may call expert witnesses to testify.

General Injury

For personal injury cases in general, you’ll negotiate with parties who admit responsibility and are cooperative. You could sue those who deny responsibility and have assets or insurance. Plaintiffs must be able to show that the defendant’s negligence caused their injuries. The trial success rate for plaintiffs is about 50%.

Your success at trial depends on the circumstances of your case. A lawyer can help you decide whether legal action is the best step to take.

Workers' Compensation

The workers’ comp system was designed to help avoid lawsuits, but in rare cases, you may need to file one. You’ll first negotiate with the workers’ comp insurance provider and you can only sue an insurer once all appeals are exhausted. The plaintiff must prove that the defendant, or insurer, wrongfully denied their claim.

Because few workers’ compensation cases go to trial and the New Hampshire Department of Labor doesn’t publish lawsuit statistics, there is no average trial success rate for these cases. The strength of your claim will be key.

Sexual Assault

Compared to other personal injury lawsuits, sexual assault lawsuits are relatively uncommon. You may be able to negotiate with defendants willing to settle and may choose to sue defendants who deny responsibility, especially if you have ample evidence. Plaintiffs must show that the defendant’s unwanted sexual conduct caused harm.

The trial success rates for plaintiffs in intentional tort cases is 52%, but specific sexual assault figures aren’t available. Because the burden of proof in civil cases is lower than in criminal cases, lawsuits can be a viable alternative.

Dog Bite

If you’re considering a dog bite lawsuit, know that you’ll negotiate with cooperative dog owners and their insurance companies. You can sue owners or insurance companies who deny fault and will have to show that the defendant’s dog caused your injuries.

The trial success rate estimate of 75% accounts for dog bite lawsuits nationwide. However, New Hampshire imposes strict liability for dog bites, so the owner is responsible even if they didn’t know the dog was aggressive.

This means that you may be more likely to win a dog bite lawsuit here than in a state with less severe dog bite laws.

Slip and Fall

Slip and fall or premises liability cases can arise when property owners keep unsafe premises. You can negotiate with cooperative property owners and their insurers, but may sue those who dispute fault. To succeed, plaintiffs must prove the property owner’s negligence caused harm.

Most property owners’ insurance companies will be willing to settle, but in rare cases, these claims can go to trial. Success rates for plaintiffs are about 39% nationwide.

Medical Malpractice

If you’ve been harmed by an incompetent medical provider, you may have a case for malpractice. Negotiations happen with the healthcare provider or their insurer. Lawsuits can be filed against providers who are unwilling to settle.

Plaintiffs must prove the defendant caused harm by failing to deliver the standard of care. Although the trial success rate is low at about 21% to 30% nationwide, it’s important to note that about 80% to 90% of malpractice cases are settled outside of court.

Filing a Personal Injury Claim

You generally have three years to file personal injury claims & lawsuits in New Hampshire. Because putting a claim together takes time, you should consult a personal injury lawyer as soon as possible.

Attorneys understand how to negotiate with insurers, and in many cases, a skilled attorney can help you recover the compensation you need without going to court. About 60% to 70% of cases are resolved at this stage.

Typical Personal Injury Settlement Amounts in New Hampshire

Settlement amounts vary greatly, but these are some estimates by injury severity specific to New Hampshire:

• Minor Injuries: $16,000 to $27,000
• Moderate Injuries: $50,000 to $120,000
• Major Injuries: $175,000 to $480,000

Cases that go to trial can sometimes result in greater compensation, but there’s also a chance you could walk away with nothing. In most instances, you can negotiate a fair settlement before trial.

When You Need to File a Lawsuit

Approximately 95% of civil cases settle successfully outside of court. Most of the time, you’ll only need to file a lawsuit in situations like these:

• Fault is disputed
• The insurance company denies a valid claim
• The insurance company refuses to pay what the claim is worth

Only about 15% to 20% of cases file lawsuits, and only about 3% to 5% of lawsuits filed go to trial.

Get Matched With a Personal Injury Lawyer in New Hampshire

If you’ve been injured by someone else, an experienced personal injury lawyer can help navigate the aftermath. Let ConsumerShield match you with a vetted local attorney. Contact us for a free case review today.