What is a personal injury lawsuit?
A personal injury lawsuit is a civil action brought by an injured person against the person or party responsible for their injuries. People will file a personal injury lawsuit to recover financial compensation to cover the cost of accident-related expenses, ranging from medical bills and lost wages to pain and suffering.
There are many different types of personal injury lawsuits, including but not limited to:
Note that a lawsuit is distinct from any criminal charges that may be brought by the State of New Hampshire in connection with the same incident. For example, if you were hit by a drunk driver, your civil lawsuit for damages is distinct from any DUI charges the driver may be facing.
How to file a lawsuit in New Hampshire
To file a personal injury lawsuit in New Hampshire, you’ll first need to meet with an attorney to discuss your case. From there, we will review the details of your case and take you through the personal injury lawsuit process step by step.
Initial consultation
Meeting with your attorney is the first step you’ll take to get started. This first meeting is called a consultation, which our law firm offers free of charge. During this time, you and the attorney will discuss your case and your potential legal options. Bring any evidence you have, including accident reports and contact information for witnesses – but don’t delay a consultation because you’re waiting for documents. We can investigate and find anything that’s missing.
Your attorney is there to answer any questions you may have and explain your legal rights. We will also explain our contingency fee agreement, which means we only get paid if we successfully recover compensation for you.
Filing the lawsuit
The actual action of filing a lawsuit requires your attorney to file and serve a complaint to the defendant, or person you are filing against. You, as the person filing the lawsuit, are regarded as the plaintiff. The lawsuit will include many documents that summarize your case.
Discovery phase
In this step of the process, the existence of the lawsuit is now known by both sides. Now both sides will begin investigating the accident and each other, digging deeper for more information. Your lawyer may take depositions and request documents that will support your claim. This phase is crucial to discover evidence that will aid in building a strong case.
Settlement negotiations
At any point during the process, your attorney can negotiate a settlement with the insurance company. Negotiations may go back and forth multiple times until an agreement is reached. Remember, you have the ultimate choice whether to accept or reject a settlement offer.
Trial phase
Although most cases are resolved outside of court through settlements, there is a chance it could be taken to trial. For this reason, it is important you have a lawyer with courtroom experience, like the attorneys at our law firm. Once your case goes to court, the result is now in the hands of a jury. If a verdict is reached in your favor and the defendant is found at fault for the accident, they will be required to pay for the damages.
We can guide you through every step of the process and advocate for your rights throughout, including any post-trial motions and appeals.
How long do I have to file a personal injury lawsuit?
Every state has a different statute of limitations, a deadline you must meet in order to file a personal injury lawsuit. In New Hampshire, you generally have three years from the date of your injury to file a claim. Once it passes the three-year mark, you will not be able to file. However, there are different deadlines that can apply in some circumstances, and only an attorney can tell you how much time you have.
Let us guide you through the process
Filing a lawsuit can be confusing and intimidating. Don’t try to do it on your own. With an experienced personal injury attorney by your side, the process will go over smoothly. Our New Hampshire lawyers fight hard and make your priorities our priorities. Whether it's through a settlement or taken to court, we won't stop until justice is served. To learn more about your options, contact us today and schedule a free consultation.
