New Hampshire Personal Injury Attorneys

What should I look for when choosing a personal injury lawyer?

When choosing a personal injury lawyer, there are several important factors to consider. First, make sure the attorney has experience in handling cases like yours. Ask them what kind of experience they have had with similar cases and look for references from past clients. Secondly, it's important to be comfortable with your attorney, as you will need to share openly all details of your case with them. Thirdly, make sure you understand their fee structure before signing any contracts or agreeing to any representation.

How long do I have to file a personal injury claim in New Hampshire?

In New Hampshire, you have three years from the date of your injury to file a personal injury claim. If your claim is not filed within the statute of limitations, then you will likely be unable to recover any compensation, even if the evidence clearly shows that the proposed defendant caused your losses.

Do I have to go to court to resolve my personal injury case?

Not necessarily. In most successful personal injury cases, an out-of-court settlement can be reached with the help of attorneys on both sides. If this is not possible, then a trial may be necessary to resolve the case. No attorney can guarantee how your case will resolve, and any case could end up in court. You should work with a lawyer who knows how to prepare for litigation.

How long does a personal injury case typically take to resolve?

The length of time it takes to resolve a personal injury case depends on several factors, such as the complexity of the case and how willing the parties are to come to an agreement. A typical case can take anywhere from several months to a few years. Cases that settle tend to take far less time than cases that don’t. It's important to keep in mind that every case is unique, and timelines may vary depending on the circumstances of each one.

Do you have to accept an insurance settlement?

You are never required to accept an insurance settlement, but accepting an insurance settlement might be a good option if it covers all your damages and losses related to your personal injury case. You should always consult your attorney before accepting any insurance settlement as they can provide professional advice about how it compared to the true value of your claim. Furthermore, it's important to remember that once you accept a settlement, it typically means that you can no longer pursue further legal action or sue for additional compensation.

Do I still have a case if I was partially responsible for my injuries?

In New Hampshire, you can still pursue a case even if you were partially responsible for your injuries. The legal principle of "comparative negligence" applies, meaning your compensation will be adjusted based on your degree of fault.

For example, if you were found to be 20% at fault, your compensation will be reduced by that percentage. It's essential not to assume that your partial responsibility disqualifies you from seeking damages. Consulting with an experienced personal injury attorney at Upton & Hatfield is crucial. We will assess the circumstances, gather evidence, and build a strong case to demonstrate the other party's liability and minimize the impact of your comparative negligence.

What should I do if I have been injured?

If you've been injured, it is critical you follow these steps:

• Seek medical attention immediately, even for seemingly minor injuries, as some may have delayed symptoms.
• Document the accident scene with photos and witness information.
• Report the incident to the relevant authorities or property owners.
• Preserve evidence like damaged items and keep track of medical documents and expenses.
• Avoid speaking to insurance adjusters before consulting with us.
• Contact Upton & Hatfield, and our personal injury lawyers will assess your case, advise you on the best course of action, and handle negotiations or litigation on your behalf

How do you prove negligence in a personal injury case?

To prove negligence in a personal injury case, we must establish four elements:

• First, demonstrate the defendant owed a duty of care to the injured party.
• Second, show the defendant breached that duty by acting unreasonably.
• Third, prove that the breach directly caused the injuries.
• Finally, demonstrate the plaintiff suffered actual damages.

At Upton & Hatfield, we use various investigative techniques, gather evidence, and work with experts to build a strong case. By analyzing the incident details and employing our legal expertise, we aim to demonstrate the defendant's negligence and secure fair compensation for our clients.

How much does it cost to hire a personal injury lawyer?

At Upton & Hatfield, we work on a "contingency fee" basis for personal injury cases in New Hampshire. You won't pay upfront fees or retainers. Our fees are contingent on a successful resolution of your case. If we secure a settlement or win in court, our fees will be a percentage of the awarded compensation. If we can't obtain compensation, you won't owe us any legal fees. This structure ensures you get skilled representation without immediate out-of-pocket expenses. During the initial consultation, we'll explain the contingency fee arrangement and address any concerns you have.

Are personal injury settlements taxable?

In most cases, personal injury settlements are not considered taxable income. This means that you generally do not have to pay taxes on the money you receive from a settlement or award for pain and suffering, emotional distress, punitive damages, lost wages, or property damage. The IRS sees those finances as compensation for losses, not a payment or gain. However, you should always speak with a tax professional to ensure that your settlement does not require any tax payment.