Serving New Hampshire Since 1908

Concord Personal Injury Attorneys

Committed to Protecting the Residents of Concord, NH

Upton & Hatfield, LLP in Concord is known among our clients and our peers as a personal injury team with as much compassion as we have experience. Given that our law firm was founded in 1908, this is saying something about how much we genuinely care about helping our clients. We see everyone who comes to our firm as a friend and neighbor in need, not a case number or a chance to earn a paycheck. This intentional approach to casework has steered us to countless victories across the decades. Let us see if it can make all the difference for your personal injury case, too.

We can work on a variety of personal injury claims and lawsuits, such as:


Want to work with our Concord injury lawyers? Dial (603) 716-9777 now.


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Overview of New Hampshire Personal Injury Claims

A personal injury lawsuit is a legal action filed by a person (the plaintiff) who claims to have suffered harm due to the negligent, reckless, or intentional actions of another party (the defendant). The goal of such a lawsuit is to recover compensation (also called damages) for losses like medical expenses, lost wages, pain and suffering, and more.

To succeed in a personal injury lawsuit in New Hampshire, the plaintiff generally needs to prove the following four elements of negligence:

  1. Duty of Care: The defendant had a legal obligation to act with reasonable care to avoid causing harm. Example: A driver has a duty to obey traffic laws and drive safely.
  2. Breach of Duty: The defendant failed to meet that duty—through action or inaction. Example: A driver was texting while driving and ran a red light.
    • Causation: The defendant’s breach directly caused the injury.
      This includes:
    • Actual Cause (Cause-in-Fact): The injury wouldn’t have happened “but for” the defendant’s actions.
  3. Proximate Cause: The harm was a foreseeable result of the defendant’s conduct.
  4. Damages: The plaintiff suffered actual harm or losses that can be compensated (e.g., physical injury, medical bills, lost wages, emotional distress).

New Hampshire follows a modified comparative fault rule (51% bar rule). If the plaintiff is found to be 51% or more at fault, they cannot recover any damages. If they're 50% or less at fault, their damages are reduced by their percentage of fault.

In most personal injury cases, the lawsuit must be filed within 3 years from the date of the injury.

How Much Time Do I Have to File a Personal Injury Claim in New Hampshire?

New Hampshire has a standard three-year statute of limitations on personal injury claims. This statute of limitations can be shorter or longer in uncommon situations, though. It will usually begin on the date of the injury in question, but, again, the starting date can be later in rare circumstances. Once the statute of limitations ends, the court will reject any claim you then attempt to file against the party that hurt you. It is crucial that you take legal action sooner than later to avoid an expired statute of limitations.

Can I File a Personal Injury Claim if I Am Partially Responsible for the Accident?

In New Hampshire, you can file a personal injury claim against a defendant if you are partially responsible for the accident that hurt you, but not if you are mostly responsible for it. Under this rule, you can’t make a recovery against a defendant if you are found to be more than 51% liable. Furthermore, any recovery that you make will be reduced by your liability percentage. For example, if you are 20% liable, then your final recovery amount will be reduced by 20%.

Will I Go to Trial for a Personal Injury Lawsuit?

Your personal injury lawsuit could eventually go to trial for a resolution before the court. However, insurance companies don’t like going to trial because it is expensive, time-consuming, and can hurt their public reputation. For this reason, most insurance companies and defendants will try to negotiate a settlement if it looks like the claimant’s case is legitimate. Historically, most valid personal injury claims settle and don’t go to trial. Yet there is never a guarantee that a trial can be avoided because every case is unique.

Can I Represent Myself in a Personal Injury Claim?

You have the right to represent yourself and go to court without a lawyer in New Hampshire, including in personal injury cases. Representing yourself is never recommended, though. Your case will be stronger if it is built by a legal professional who understands liability law, knows legal procedures, and can deal with the opposing side with experience and confidence. Just as you would hire a mechanic to work on your car because they are trained to do that work, you should hire a lawyer to work on your personal injury case.

What Do I Do if I Am Contacted by an Insurance Company or Investigator?

You should never give a recorded statement to an insurance company representative or investigator working with the opposing side. If they contact you, then you should immediately inform them that they should call your attorney’s law office instead. You have the right to authorize your attorney to act on your behalf, which includes fielding calls from insurers and investigators. By doing so, you can avoid misspeaking and hurting your case, which is exactly what those inquiring parties want you to do.

What if I Can’t Afford a Lawyer?

You can always afford to hire a personal injury lawyer from Upton & Hatfield, LLP because we offer contingency fees. A contingency fee agreement means that we aren’t owed any attorney fees unless we win your case, such as through securing a settlement or award in your favor. Furthermore, the contingency fee amount that we are paid will be equal to an agreed-upon percentage of any financial compensation that you receive. This guarantees that our attorney fees will not exceed what you can afford.

Personal Injury FAQ

Do You Have Grounds for a Personal Injury Claim?

In order to determine whether or not you have grounds for filing a personal injury claim, ask yourself the following questions:

  1. Did the responsible party owe you a "duty of care"? - In other words, was there a reasonable expectation that they should have acted in a manner that prevented another person's injury?
  2. Did the responsible party breach that duty of care? - For example, if a driver was speeding, they can be considered to have breached the duty of care by violating the posted speed limit.
  3. Did you incur damages as a result of that breach? - In order to claim personal injury damages, you must be able to prove that the injuries you suffered were a result of that other individual's behavior.

If you're uncertain about the applicability of these criteria to your case, it may be beneficial to seek a professional evaluation. Legal professionals, like those at Upton & Hatfield, LLP, can provide a comprehensive assessment of your situation and offer guidance tailored to New Hampshire's specific laws and regulations, helping to clarify your position and the viability of proceeding with a personal injury claim.

Bringing forward a personal injury claim involves intricate legal proceedings that benefit from professional insight for timely and thorough preparation, ensuring all potential avenues for compensation are explored and evaluated accurately.

How Much Should You Ask for in a Settlement?

A question that we hear often from our clients is how much they should ask for when accepting a settlement, so it is worth exploring here. The answer is that you should ask for as much as you deserve based on your injuries and damages. There is no default dollar amount that makes a settlement worth accepting because every claim has a unique value.

Damages that add to the value of your claim include:

  • Medical treatments
  • Property damage
  • Lost wages and income
  • Pain and suffering
  • Permanent disabilities
  • Scarring and disfigurement

We can carefully calculate your claim’s damages by evaluating all of the ways that your life and finances have been impacted by the accident that the defendant caused. We will also want to research to see if the defendant has more than one insurance policy that we can file against, which could improve your chances of getting full compensation before hitting an insurance policy cap. Only through this thorough process can you then be sure that you are asking for the right amount in a settlement.

Additionally, seeking early legal advice can be instrumental in determining a realistic settlement range. Our knowledgeable team provides important insights on potential juror perspectives, historical judgments in similar cases, and economic factors that might impact the awarded amounts. This strategic preparation can make a significant difference in negotiation outcomes.

Settlements are not just about covering immediate losses but ensuring adequate provision for future needs that arise from injury, including ongoing medical care and potential alterations to one's employment capabilities.

How Are Personal Injury Settlements Paid?

A personal injury settlement is usually paid in one of two ways:

  • Lump-sum: If your settlement is a paid as a lump-sum settlement, then you will be paid the full amount at once.
  • Monthly: When a lump-sum settlement is not offered or possible due to the defendant’s financial restrictions, the money will instead be paid in monthly increments, usually spaced out over two or so years, depending on how much is owed.

Keep in mind that any amount of compensation you receive might first be reduced by the payments of miscellaneous costs and debts owed. For example, if your injuries were treated through a medical lien, then the physician that agreed to the lien will need to be reimbursed first.

Aside from these options, some beneficiaries might explore structured settlements, which provide financial security by distributing funds over a longer period. This method can be advantageous for managing medical expenses that occur gradually over time or for managing financial planning more effectively.

Structured settlements can offer tax advantages, depending on the circumstances, and can be tailored with flexibility to an individual's unique needs and long-term financial goals, providing a comprehensive safety net beyond immediate expenses.

What Is the Average Time to Settle an Injury Lawsuit?

No one wants to wait forever to get the compensation that they need after being in an accident that was caused by someone else’s negligence. Yet it could be a bit of time before your claim can reach a settlement. The average settlement time is difficult to estimate because all claims are different, but, in an ideal situation that involves no serious pushback from an insurance company, you could expect to see a settlement within four to six months of your accident.

On the contrary, if your claim is hotly contested and it has to go to court for litigation, then the timeline to close it will be much longer. It is not unusual for personal injury lawsuits to take one or two years to end. One of our promises to you when you are our client is that we will do all we can to ensure your claim runs as smoothly as it can and with as few delays as possible.

Several factors can influence the timeline, such as the complexity of the injury, the number of parties involved, or the necessity of expert testimonies. These elements often add layers to proceedings but are critical for substantiating the claim and supporting a fair conclusion.

Furthermore, strategic negotiation at each stage can be vital in aiming to avoid drawn-out court battles and to encourage settlements. This includes compiling comprehensive documentation, evidence gathering, and maintaining proactive communication with opposing parties, all of which serve to expedite the process where possible.

Why Hire Our Personal Injury Lawyers in Concord?

Why should you hire our Concord personal injury attorneys from Upton & Hatfield, LLP when you could handle your injury claim on your own? We think our experience is simply too impressive to pass up. When you let us manage your case, all of our experience effectively becomes yours. There will be no complicated legal questions thanks to our knowledge, and there shouldn’t be any insurance company tricks thanks to our reputation. All in all, when you hire our Concord personal injury lawyers, you give yourself the opportunity to pursue compensation while simultaneously resting and focusing on your health and family.

Engaging with a seasoned legal team can streamline your path to compensation. Our attorneys offer strategic insights into leveraging local statutes for favorable resolutions, guiding clients through intricate legal systems with minimal disruption to their everyday lives. This gives you room to concentrate on recovery.

Our proactive approach ensures thorough case management, touching on aspects from detailed evidence collection to negotiations with insurance defendants. Being equipped with comprehensive resources allows us to robustly advocate for your legal rights and support efforts in minimizing stressors linked with legal conflicts.

Hiring professional legal representation can often lead to faster settlements and potentially higher compensation due to accurate document preparation and effective argumentation, showing the true value of securing dedicated attorneys.


Learn about our client-focused solutions today during an initial consultation with our Concord personal injury attorneys. 


 

  • Diverse Breadth of Experience
  • Committed to the Community
  • A Legacy of Successful Results
  • “I was very fortunate to have Upton & Hatfield represent me. Could not of asked for a better experience. I highly recommend using Upton & Hatfield. A++” - Merrick C.
  • “Count on reliability and quick response from this team.” - Dori D.
  • “Thank you Upton and Hatfield for providing such high quality and affordable legal services!” - Jackie D
  • Finding a Personal Injury Lawyer in NH
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  • How Are NH Personal Injury Settlements Determined?
  • NH Personal Injury Settlements Vs. Trials
  • Personal Injury Lawyer Fees: What Are My Options?

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