New Hampshire Car Accident Lawyers

Filing an Auto Accident Claim in New Hampshire

The aftermath of a car accident can be a stressful time. Victims will likely require medical care that may last weeks, months, or even years, as well as mounting bills in connection with such care, other injury-related expenses, and lost wages. After an accident, you will also have the additional stress of trying to deal with the other driver's insurance company. These companies employ teams of people whose sole job is to pay you as little as possible.

At Douglas, Leonard & Garvey, P.C., we fight back against major insurance companies and work to stop you from being at their mercy. With our decades of experience as aggressive negotiators and trial attorneys, we bring the leverage you need in leveling the playing field where legal claims and lawsuits are resolved.

In the wake of an auto accident, you have enough to deal with. Let our New Hampshire car accident lawyers focus on your injury claim so that you can focus on recovering your health and moving on with your life.

For a free, private consultation about your New Hampshire car accident claim, give us a call at (603) 288-1403 or contact us online.

What Compensation Can Be Recovered in a Car Accident Claim?

After an accident, victims are likely to experience significant physical and emotional injuries, as well as financial losses. Collectively, these injuries and losses are referred to as "damages." By filing a car accident claim in New Hampshire, you can seek monetary compensation for your economic and non-economic damages.

Every case is different, but you may be able to recover compensation for:

• Emergency medical care
• Ongoing and future medical treatment
• Hospital and ambulance fees
• Medications and medical devices/equipment
• Pain and suffering
• Lost income/wages
• Lost future earnings and earning ability
• In-home assistance and care
• Loss of enjoyment of life
• Counseling services/therapy
• Post-traumatic stress disorder (PTSD), anxiety, depression, etc.

At Douglas, Leonard & Garvey, P.C., we understand how difficult it can be to get back on your feet after a serious crash. Whether you were injured in a distracted driving accident or rear-end collision or lost a loved one due to a drunk driver, our New Hampshire car accident attorneys are here to fight for you and the justice you deserve.

It's imperative to not only consider immediate expenses but also potential long-term costs associated with your injuries when seeking compensation. Future medical expenses, ongoing counseling, and possible necessary lifestyle adjustments must be considered when calculating the total damages incurred. Our legal team diligently reviews all aspects to maximize your financial recovery and help secure your future well-being.

Establishing Fault in Your Car Accident Claim

If you have been injured in an auto accident that was someone else's fault, you may be entitled to financial compensation. Fault for car accidents is rarely obvious. While there are certainly instances in which one party is clearly to blame over another, many collisions exist in more of a gray area. It is common for both drivers (if an accident only involves two people) to be partially at fault for a car accident. For example, a car accident can result if a driver changes lanes without checking their mirrors or using their turn signal. While this driver is clearly in the wrong, the other driver may have been speeding and is partially at fault for the accident as well.

Because New Hampshire follows a fault-based system when it comes to car accident claims, you will need to prove that the other driver (or another party) was to blame for the accident. If you are found to be more than 50% at fault, you cannot file a claim or recover compensation from the other driver.

If your accident was caused by any of the following on the part of the other driver, please call us now to learn how we can help with your claim:

• Speeding
• Driving under the influence of alcohol or drugs (DUI/DWI)
• Texting and driving
• Distracted driving, including using a cell phone and other distractions
• Fatigued driving/falling asleep at the wheel
• Failing to yield the right of way
• Unsafe driving maneuvers, including turns, merging, and passing
• Traffic law violations, such as running a red light or stop sign
• Aggressive or reckless driving, including road rage

These and other forms of negligence on the road can have disastrous consequences. If you believe the driver who hit you or caused the accident that left you injured was acting negligently or wrongfully, reach out to our New Hampshire car accident lawyers to learn more about filing a claim for damages.

How Do Auto Accident Claims Work in New Hampshire?

Under New Hampshire's fault-based system of liability, you have three options for recovering compensation for your damages after an accident.

These options include:

• Filing a claim with the other party's insurance company
• Filing a claim with your own insurance company
• Filing a lawsuit against the other party

People who are injured in car accidents generally must file a claim with the other driver's auto insurance company in order to recover compensation for their damages. While you may be partially at fault for an accident, the other driver may be more at fault and may have directly caused the accident. In this case, you would still be able to file a claim with their insurance company. However, it is likely that their insurance company will attempt to use your partial fault against you. For this reason, it is best to have a skilled attorney on your side to represent you.

Our team can help review your auto insurance policy to determine if you are entitled to compensation from your provider based on your coverage. Even if you only have liability coverage—or do not have auto insurance at all—you can still pursue compensation from the at-fault driver if you can prove that they were to blame. If you were partially at fault for the accident, you can still file a claim for damages, as long as you were less than 51% at fault.

Because New Hampshire is one of the few states that does not require motorists to purchase auto insurance, you may find that the person who caused your accident is uninsured. When this happens, it will become necessary to file a lawsuit against them to recover compensation on your behalf. Our attorneys understand that collecting compensation from an uninsured or underinsured motorist can be extremely difficult, which is why we look for all possible avenues of compensation for our clients.

Understanding New Hampshire's unique insurance requirements and how they impact your claim can be crucial. Opting for uninsured motorist coverage, even though not mandatory, can provide an extra layer of protection. Our knowledgeable team can guide you through the nuances of these insurance policies and court procedures to ensure you have a robust legal strategy moving forward.

Contributory Negligence in New Hampshire Car Accidents

It's possible that contributory negligence laws may apply to your case. Under contributory negligence laws, a person's compensation can be reduced according to their level of fault for a collision. So, a person who is determined to be 10% at fault for a car accident could have their compensation reduced by that amount. This allows multiple parties to be found liable for a car accident and still receive compensation.

Proving Fault & Maximizing Compensation

Proving fault in a car accident is crucial for securing the compensation you deserve. In New Hampshire, where the comparative negligence rule applies, establishing the other party's fault can significantly impact the outcome of your claim. As experienced New Hampshire car accident attorneys, we at Douglas, Leonard & Garvey, P.C. are dedicated to helping you build a strong case to demonstrate fault and maximize your compensation.

Proving fault often involves gathering substantial evidence, such as:

• Police reports
• Eyewitness testimonies
• Accident reconstruction
• Photographic evidence
• Video surveillance

If we take on your car accident claim, we will work quickly to investigate the accident, gather and preserve critical evidence, and establish liability by clearly demonstrating the other party's fault. We will also negotiate with insurance companies on your behalf, advocating to seek fair compensation. If necessary, we are prepared to represent you in court, presenting a compelling case to secure the best possible outcome.

Why You Need a Car Accident Attorney

Insurance companies and their legal teams handle insurance claims on a daily basis and are geared up to use developed tactics to deny, delay, or reduce what you should receive in rightful compensation. It is critical, therefore, that you preserve and gather relevant evidence to back up your claim. When you hire Douglas, Leonard & Garvey, P.C., we immediately begin investigating and building your claim. We put together powerful evidence and testimony and present our clients' cases to the insurance company and/or jury in a way that clearly outlines their damages and the rightful compensation they are owed. This may involve witness interviews, consultations with accident reconstruction experts, and more.

As soon as you hire our team, we work to stop all calls from the insurance company while we investigate the facts of your accident and put together the most effective legal strategy to maximize your recovery. We have the resources and experience needed to build your case, as well as negotiate for a fair and just settlement. When necessary, we are prepared to take your case to court. Our firm will not agree to a settlement that is not in your best interests.

Having legal representation ensures that your rights and interests are safeguarded throughout the claims process. Our legal team at Douglas, Leonard & Garvey, P.C. not only takes on the burden of complex legal documentation and negotiation but also provides you with peace of mind, knowing a dedicated team is focused on helping you achieve the justice and compensation you need.

What to Do If You Are Injured in a Car Accident

If you are involved in a car accident, your first priority should be your safety. If possible, remain where you are; if your location is unsafe, try to move away from danger. You should also call 911 immediately if you or anyone else is injured. Do not move anyone who appears severely injured (unless absolutely necessary); instead, wait for paramedics and/or law enforcement to arrive.

At the scene, you should also exchange information with the other driver/parties involved in the accident. If possible, collect the driver's contact information, as well as their driver's license number, car registration, and insurance information. Be sure to give the police a statement and try to collect witness statements and witnesses' contact information, as well.

We also strongly recommend that you do NOT talk about the accident with the other driver and avoid discussing the accident with the insurance company. If the other driver's insurance company reaches out to you, it is in your best interests to speak to a lawyer about your legal rights and options. The insurance company will likely try to dispute or undervalue your claim, but an experienced lawyer, like those at Douglas, Leonard & Garvey, P.C., can advocate for you and work to ensure you recover every penny you deserve.

Securing evidence is essential. Take photographs of the scene, your injuries, and any property damage. Record the date, time, and precise location of the accident, and note any hazardous road conditions or signage issues that may have contributed. Additionally, consider seeking immediate medical evaluation, even if injuries seem minor, as symptoms can develop later.

Common Car Accident Injuries

Due to the immense force of two vehicles colliding, even a minor car accident can result in severe, catastrophic injury and/or death.

Common injuries associated with car and other motor vehicle accidents include:

• Broken bones/fractures
• Back and neck injuries
• Bruises, cuts, and lacerations
• Herniated (or ruptured/slipped) discs
• Internal bleeding
• Organ damage
• Spinal cord injuries
• Traumatic brain injuries
• Whiplash

Treating these types of injuries often requires extensive, ongoing care. Victims may be hospitalized and, depending on their specific injuries, may need surgery, physical therapy, rehabilitation, and medication to manage chronic pain.

It is crucial to document all medical treatments and procedures involved in your recovery. This information provides a comprehensive record needed not only for your health management but also for legal proceedings. Timely, accurate documentation helps build a strong foundation if pursuing compensation, showcasing the impact the accident has had on your life.

When someone else's careless or reckless conduct caused your injuries, you should not have to deal with the physical, emotional, and financial consequences on your own. Our attorneys at Douglas, Leonard & Garvey, P.C. can help you understand your options when it comes to recovering compensation and can assist you in filing a claim with the appropriate party. If necessary, we are prepared to file a lawsuit on your behalf against the at-fault driver or another third party. Our trial lawyers bring more than 140 years of combined experience to every case and are ready to aggressively represent you in the courtroom.

Understanding New Hampshire's Road Safety Laws

New Hampshire has unique road safety laws aimed at reducing the risk of accidents, protecting both drivers and pedestrians. Understanding these regulations can be crucial in building a strong legal argument if you're involved in an accident. For instance, New Hampshire does not mandate wearing helmets for motorcyclists aged over 18, which may impact motorcyclist injury claims differently than in states with stricter helmet laws.

The state's distracted driving laws prohibit the use of handheld devices while driving, except in emergencies, to minimize accidents caused by driver inattention. Understanding these laws is vital in establishing fault. Furthermore, New Hampshire's strict penalties for DUI offenses underline the serious approach the state takes to such violations, serving as a deterrent and paving the way for stronger claims in incidents involving intoxicated drivers. Familiarizing oneself with these local rules and regulations can enhance the chances of recovering due compensation and ensure a safer driving experience overall.

Importance of Quick Medical Assessment Following Accidents

Seeking a rapid medical assessment after an auto accident is crucial, regardless of whether you immediately feel hurt. Many injuries, like whiplash or internal bleeding, may not be apparent right away but can have severe implications if left untreated. Early medical reviews not only assist in identifying injuries early but also provide vital documentation that could be instrumental for your legal claims.

In New Hampshire, where seasonal changes can exacerbate injury occurrences, immediate medical attention can further guard against complications from environment-induced conditions. It's vital to prioritize your health and secure your legal standing by obtaining detailed medical records from reliable New Hampshire healthcare providers. These comprehensive medical reports bolster your claim by clearly outlining your injuries and the medical treatments prescribed. This tangible evidence plays a pivotal role in substantiating your claim for fair compensation, providing a methodical insight into the scope and scale of injuries sustained during the auto accident.

Don't wait to get help. Call us at (603) 288-1403 for a free, no-obligation consultation.

Frequently Asked Questions About Car Accidents in New Hampshire

What Should I Do Immediately After a Car Accident in New Hampshire?

After a car accident in New Hampshire, prioritize safety and medical help. Call 911 to report the accident and seek medical attention for any injuries. If possible, move vehicles out of traffic and use hazard lights to prevent further collisions. Collect information from other drivers involved, including their name, contact details, license plate number, and insurance information.

 Document the accident scene with photos, capturing vehicle positions, damage, and road conditions. Additionally, gather contact information from any witnesses and provide a truthful account to law enforcement. Avoid admitting fault or discussing details with other drivers or insurance adjusters at the scene. Contacting a skilled auto accident attorney in New Hampshire promptly can help safeguard your rights and navigate the legal intricacies of filing a claim for damages.

How Does New Hampshire's Comparative Fault Rule Affect My Claim?

New Hampshire follows the comparative fault rule, meaning the amount of compensation you can recover is reduced by your percentage of fault in the accident. If you are found to be 20% at fault, your compensation is reduced by that percentage. However, if your fault exceeds 50%, you cannot recover any damages from the other party. Understanding this rule is crucial for effectively pursuing compensation. 

Thorough evidence, such as witness statements, accident reconstructions, and comprehensive medical reports, can support minimizing your perceived fault. Working with experienced car accident attorneys familiar with New Hampshire’s laws can help accurately assess and argue your claim's validity, potentially influencing the fault percentages assigned and optimizing the compensation you receive.

What Types of Compensation Can I Claim After a Car Accident?

Following a car accident, you can claim compensation for both economic and non-economic damages. Economic damages may include past and future medical expenses, ambulance fees, loss of wages, and the cost of ongoing care or rehabilitation. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life, reflecting the broader impact on your lifestyle and well-being. 

In severe cases involving gross negligence, you might pursue punitive damages designed to punish the at-fault party and deter similar conduct in the future. Engaging with skilled legal counsel can ensure a comprehensive evaluation of all potential damages, allowing you to secure fair and complete compensation based on the specific circumstances of your accident and injuries.

Can I File a Claim If the Other Driver Is Uninsured?

Yes, you can still file a claim if the other driver is uninsured. In New Hampshire, which does not mandate auto insurance, uninsured motorist protection becomes crucial. This coverage can provide compensation for injuries and damages caused by uninsured or hit-and-run drivers. 

If such optional coverage was not in place, your legal options might include suing the at-fault driver personally. This process can be complex, especially if the other driver lacks resources. Nonetheless, consulting experienced attorneys who can navigate this challenging legal terrain is essential, ensuring all possible avenues for recovery are explored, including negotiating settlements with your insurance provider or filing a civil lawsuit.

Why Is Douglas, Leonard & Garvey, P.C. the Right Choice for My Auto Accident Claim?

Choosing Douglas, Leonard & Garvey, P.C. for your auto accident claim means aligning with a team dedicated to client-first advocacy throughout New Hampshire. Our lawyers combine over 100 years of shared experience to offer informed, strategic legal advice, ensuring your claims are meticulously prepared and diligently pursued. 

Unlike settlement-focused firms, we explore every viable route to achieve favorable outcomes, reflecting our commitment to clients’ best interests. Our personalized approach respects your unique needs, providing reassurance and informed guidance. With a proven track record in New Hampshire's legal landscape, our services offer comprehensive support to help you secure the justice and compensation you deserve.

Talk to a New Hampshire car accident lawyer at our firm about your case today; call us at (603) 288-1403 for a free, no-obligation consultation.