The Critical Elements and Requirements of a New Hampshire Car Accident Lawsuit
August 26, 2020
New Hampshire car accident victims have a variety of legal remedies to recover damages for the losses they suffered because of another motorist’s negligence. However, the law imposes strict deadlines and other requirements for injury victims pursuing these claims. Victims who fail to abide by these requirements may risk the dismissal of their case or an inadequate compensation award. New Hampshire car accident victims should contact an experienced attorney to assist them through this challenging process.
After an accident, New Hampshire drivers must report the crash in writing to the Division of Motor Vehicles (DMV) within 15 days. This applies in situations where any party suffered injuries or died in the accident, or if anyone suffered property damage over $1,000.
After receiving medical treatment, injury victims should promptly contact an attorney to discuss their rights and remedies. Quick action is critical to ensuring that a potential lawsuit complies with the state’s statute of limitations. The statute of limitations is the amount of time New Hampshire law allows victims to file a personal injury or wrongful death lawsuit against the at-fault party. The statute of limitations does not apply to insurance claims, as insurance companies provide their own specific reporting requirements. In most cases, insurance claims should be made as soon as possible, and usually no more than a few weeks after an accident. New Hampshire law generally provides that personal injury lawsuits must be filed within three years of the incident giving rise to the claim. However, there are certain exceptions to the statute of limitations. These exceptions only apply under a limited set of circumstances.
New Hampshire courts follow a modified “comparative negligence” system. Modified comparative negligence allows victims to recover for their damages even if the victim is at fault. However, the victim’s recovery will be subject to reduction based on their level of fault. Additionally, if the victim is more at fault than the defendant, the plaintiff will be barred from recovering at all. Thus, after filing a lawsuit, New Hampshire injury victims should work with their attorneys to anticipate and develop a strategy to refute any baseless comparative negligence claims by the at-fault party.
In addition to DMV reporting, insurance notification, medical treatment, and timely filing, accident victims must also ensure that they gather, review, and present all relevant evidence. The failure to strictly follow procedural and statutory requirements may result in an unnecessary dismissal of an otherwise meritorious claim.
Have You Suffered Injuries in a New Hampshire Car Accident?
If you or someone you know has suffered injuries in a New Hampshire car accident or other accident, contact the experienced attorneys at Peter Thompson & Associates. The attorneys at our law firm fight hard to get accident victims the compensation they deserve. We provide our clients with top-notch, quality legal representation from the moment we begin to work on a case. Compensation in car accidents often includes payments for medical expenses, ongoing medical treatment, lost wages, pain and suffering, and mental distress. Contact our office at 800-804-2004 to schedule a free initial consultation with an attorney at our law firm.