In addition, New Hampshire law allows you to pursue compensation from the bar or restaurant that served alcohol to the drunk driver under some circumstances – specifically, if the defendant was served when already intoxicated, or if they were under the legal drinking age. These cases are known as “dram shop” claims.
Fighting for full complication can be a complex process
If you’ve been hurt in an accident with a drunk driver, it seems like recovering compensation should be straightforward – especially if the driver is facing criminal charges. But in reality, it can be a complicated process.
One problem many victims face is that the driver may refuse to accept responsibility for what happened and fight criminal charges in court. The driver may also claim that you were responsible for what happened.
Insurance companies are supposed to help people who have been injured, but they are always concerned about their bottom line. In order to keep their profits up, they will try to keep payments down. There are several tactics they use to try to minimize compensation.
You may have suffered broken bones, internal injuries or injuries to the head, neck or back in the accident. But the insurance company may question the seriousness of your injuries and try to argue that they aren’t that bad. They may seek access to your medical records to look for evidence that your injuries were pre-existing.
Another common tactic to limit your compensation is to make you a “lowball” settlement offer. An adjuster will contact you with an offer and promise quick payment if you agree to it. But their offer will fall far short of covering the damages you suffered.
Do I need a lawyer after a drunk driving accident?
Insurance companies are not on your side when you’ve been injured. They deal with claims every day and have the advantage. They also have lawyers looking out for their best interests and helping them find ways to pay you less. That’s why you need an experienced car accident attorney who will fight for what’s best for you.
Our firm takes your case seriously from the start. We investigate your drunk driving accident to get the facts. Our legal team gathers evidence, such as video from traffic cameras and photos of the accident scene. We carefully review accident reports, medical records and other documentation. We interview witnesses about what they saw. If needed, we consult accident reconstruction experts.
Our lawyers focus on building strong cases that insurance companies have to take seriously. This often convinces them to negotiate a better settlement. But we are not interested in making quick deals that help the insurance company save money. Any resolution of your case has to meet your needs. We are prepared to fight for you in court, if that’s what it takes.
How much compensation can I recover?
Every case is different, and the amount of compensation you can recover will depend on many factors, such as the severity of your injuries and insurance policy limits.
In general, you can seek compensation for all medical expenses related to your injuries, both now and in the future. These can include expenses for diagnostic tests, imaging tests, surgery, hospitalization, mobility aides, home health care, physical therapy and follow-up appointments with doctors.
You can also seek compensation for lost wages if you missed time from your job, as well as loss of future earnings if you are no longer able to work. In addition, you may be able to seek compensation for other damages such as pain and suffering, emotional distress and loss of enjoyment of life. An attorney can give you a better idea of how much compensation you can expect to recover.
It’s important to get legal advice as soon as possible after you’ve been hurt in a drunk driving accident. In New Hampshire, the statute of limitations for taking legal action is three years from the date of your crash. That seems like a long time. But the longer you wait, the more likely it is that evidence will be lost or destroyed and that witnesses will forget important details.
Learn more about how we can help. One of our lawyers can review the details of your accident, go over your legal options and answer your questions during a free consultation. Contact us to schedule a time that works for you.