New Hampshire Injury Lawyer Blog

Understanding Admissibility of Expert Witness Testimony in New Hampshire

Published on: May 5, 2021 | By Peter Thompson & Associates

In cases involving highly technical disputes, plaintiffs often retain expert witnesses to testify on the issues at hand. When an expert testified, their testimony is considered evidence that the jury can rely on in reaching a verdict. Not every expert’s testimony, however, is always allowed in court. Sometimes, the other side may move to have your expert’s testimony excluded from the case as a matter of litigation strategy. When such an attempt happens, it is crucial that you ensure that the court applies the proper standard when deciding whether your expert’s testimony is admissible so that you can properly bring your case.

In a recent Eleventh Circuit Court of Appeals decision, the court considered a product liability case involving expert testimony on a surgical device. The plaintiff underwent a robotically-assisted surgical procedure and suffered injuries after it was completed. The medical device used during the surgery was recalled a few months later. The plaintiff sued the manufacturer of the device, seeking money damages to compensate her for the injuries she sustained.

To establish her claim against the manufacturer, the plaintiff retained an expert witness who had significant experience performing the procedure the plaintiff received but with different tools. The manufacturer moved to exclude the expert’s testimony because the expert did not use the instruments at issue in the case, and the district court entered summary judgment in favor of the manufacturer. The plaintiff appealed.

Two Dead After Deadly New Hampshire Head-On Crash

Published on: April 27, 2021 | By Peter Thompson & Associates

Car accidents can take place in a variety of ways. From the regular fender bender to a T-bone collision, collisions can vary in severity as well. When it comes to head-on crashes, however, the outcome is almost always deadly. When two cars driving at high speeds crash directly into each other from opposite directions, the results can be devastating. Thus, when these accidents take place, those who are responsible must be held accountable.

According to a local news report, two drivers died after a head-on crash took place in Merrimack, New Hampshire. A Honda and an Audi crashed into each other directly from opposite directions and both drivers were pronounced dead on the scene. When local authorities arrived, one of the vehicles was engulfed in flames. Following the accident, the roadway was shut down for two hours and the accident blocked all three travel lanes. There were no witnesses to the events leading up to the crash, so the accident remains under investigation to determine the cause.

In New Hampshire, when these deadly accidents take place and you lose a loved one in the process, filing a lawsuit or a claim against the responsible party may be the furthest thing from your mind. New Hampshire laws, however, provide that a wrongful death claim can be filed when the at-fault party committed a negligent, reckless, or intentional act and it resulted in another person’s death. Wrongful death claims are considered civil claims analogous to personal injury claims. When you bring a claim on behalf of the deceased individual, you may be eligible for compensation.

Challenges During New Hampshire Slip-and-Fall Lawsuits

Published on: April 20, 2021 | By Peter Thompson & Associates

Despite widespread media depictions, slip-and-fall accidents are rarely straightforward and often present injury victims with significant challenges. New Hampshire slip-and-fall accident claims require injury victims to present legally sound cases. In order to recover, plaintiffs must ensure that their cases are solid enough to overcome legal and factual challenges from the defense. New Hampshire injury victims should consult with an attorney to discuss their rights and remedies after a slip-and-fall.

A defendant may present legal challenges based on jurisdiction, discovery, evidentiary issues, and jury charges. The majority of these challenges stem from a statutory basis, New Hampshire state and federal rules of evidence, and civil procedure rules. Plaintiffs must ensure that they file their complaints in the appropriate court. In most cases, the law requires the claim to be filed in the location where the incident happened. However, in certain situations, there may be more than one appropriate venue for the claim. There are many considerations an injury victim should evaluate before deciding where to file a claim.

Moreover, many slip-and-fall victims face challenges during discovery. Discovery is the process of gathering evidence and witnesses to support your claim. A recent piece by a woman who fell and shattered her arm on an icy sidewalk highlights the importance of effective and complete discovery. The woman faced many issues pursuing her claim and explained the importance of documenting evidence after an incident. This includes photographing the scene, seeking medical treatment, informing the property owner, and establishing expenses.

Two Dead and One Injured Following Deadly New Hampshire Accident

Published on: April 13, 2021 | By Peter Thompson & Associates

When our loved ones are taken from us too soon because of an accident, it can be one of the most painful things that we experience in life. From a practical standpoint, the loss of a family member could mean that a family’s primary source of income or financial support is also significantly impacted. Thus, when an accident in New Hampshire takes place and was caused by the wrongful act of another and results in death, those who are responsible must be held accountable for their actions.

According to a recent news report, a three-car collision left two killed and one injured in Lee on Route 125. Lee police reported that one of the drivers was driving north on Route 125 when he veered into the southbound lane and hit another car head-on. The driver then crashed into another southbound car that swerved out of the way to avoid the initial accident but was not injured. The at-fault driver was transported to a local hospital, where he died from his injuries. The driver of the car that the at-fault vehicle crashed into head-on was pronounced dead at the scene, and his passenger was taken to the hospital to be treated for her injuries.

In New Hampshire, wrongful death claims can be brought by the administrator of the deceased’s estate against the at-fault party. A number of different kinds of compensatory damages are available, including payment for medical bills and expenses and pain and suffering.

Expert Testimony in New Hampshire Product Liability Cases

Published on: April 6, 2021 | By Peter Thompson & Associates

Expert testimony is a critical portion of New Hampshire product liability cases. An expert witness is a person who possesses education, training, and skills in a particular field relevant to the case or specific issue at hand. Based on their credentials, these individuals can provide testimony to support a plaintiff’s contention of negligence and the appropriate damages. The most common types of experts are medical and technical professionals such as physicians, forensic analysts, scientists, engineers, mental health professionals, and economic professionals.

Both federal and New Hampshire state civil rules of procedure follow the Daubert standard to determine the admissibility of an expert witness’s testimony. The Daubert standard consists of five factors that the court will use to determine whether an expert’s methodology is valid. The standards include:

If the technique or theory has been tested;

Defective Exercise Equipment May Result in a New Hampshire Product Liability Claim

Published on: March 25, 2021 | By Peter Thompson & Associates

The last year has brought significant changes to the daily lives of most people throughout the country. One of the major changes involved the rising sales of home exercise equipment. Despite the various benefits of home exercise equipment, these devices can be dangerous when they are defective or not used properly. New Hampshire personal injury accidents involving home, public, or private exercise equipment can result in severe injuries and even death. Gym equipment accidents may involve defective treadmills, stationary bikes, weights, and resistance bands. Moreover, gym accidents can occur because of the negligence of personal trainers, gym staff, unhygienic gym equipment, and unsafe fitness centers. Those that have suffered injuries because of potentially defective or unreasonably dangerous exercise equipment should contact an attorney to discuss their rights and remedies.

Although people of any age can suffer injuries on home exercise equipment, data from the National Electronic Injury Surveillance System indicates that around 12,174 children visit the emergency room for home exercise-related injuries every year. Over 70% of these individuals were under ten years old. The overwhelming majority of the injuries involved lacerations. About 30% of the injuries involved the child’s head, 22% involved fingers and hands, and over 10% involved foot injuries. Stationary bikes, treadmills, and jump ropes accounted for the majority of the injuries. The rising number of injuries highlights the importance of additional safety measures to prevent these devastating incidents.

Recently, a national news report described a harrowing incident involving a child’s death on a Peloton treadmill. Although details surrounding the incident are unclear, Peloton’s CEO expressed sadness about receiving the news of the child’s death. A company spokesperson explained that the treadmill comes with safety warnings that advise consumers that the machine should only be used by individuals who are at least 16-years-old and weigh more than 105 pounds.

New Hampshire Personal Injury Cases Following an Accident Involving Criminal Charges

Published on: March 18, 2021 | By Peter Thompson & Associates

New Hampshire state laws and federal laws maintain several statutes relevant to victim’s rights and compensation after an injury. However, in the criminal trial process, New Hampshire’s victims’ compensation program rarely provides victims and families with the financial assistance they require after an injury or accident. Although no amount of money can ever fully compensate a victim or their loved one after a serious accident, the state’s civil compensation laws can help a New Hampshire accident victim work towards becoming whole again.

After an accident, a New Hampshire injury victim can recover general and economic damages. Damages usually involve losses related to medical expenses, lost wages, and property damage. General damages refer to intangible losses that result because of another’s negligence. These damages typically include losses related to emotional distress, pain and suffering, scarring and disfigurement, permanent physical disabilities, and reduced quality of life. In contrast, economic damages are tangible losses related to the costs associated with home or personal care, past and prospective medical expenses, loss of wages, and reduced lifelong earning capacity.

Many states maintain punitive damages statutes that work to compensate victims in cases where the defendant acted with malice or egregiously. New Hampshire courts have a long-standing history of refusing to award punitive damages, and essentially outlawed these damages in 2015. In addressing the public’s concern that there are situations where these awards are necessary, the state offers enhanced compensatory damages instead of punitive damages. The doctrine allows courts to award supplemental or enhanced damages when the defendant’s conduct was “wanton, malicious, or oppressive.” These damages undergo a detailed case-by-case analysis, and plaintiffs should retain an attorney to ensure that they appropriately present a compelling case for enhanced compensatory damages.

New Hampshire Wrong-Way Car Accident Leaves Two Injured

Published on: March 11, 2021 | By Peter Thompson & Associates

New Hampshire car accidents can happen for a wide variety of reasons. Whether it’s poor weather conditions, reduced visibility, negligent or reckless driving by another party, or mechanical failure, the possibilities are endless. One of the most dangerous and potentially fatal accidents, however, are wrong-way accidents. When these collisions take place, there is a high likelihood of serious injury or death because of the nature of the accident.

According to a recent news article, two people were injured following a wrong-way car accident. Evidently, a driver entered the freeway southbound at an exit to a northbound freeway and crashed head-on into a Toyota Camry that was traveling northbound in the correct direction. When local authorities arrived on the scene, both vehicles had heavy front-end damage, with the at-fault party’s car facing south in the northbound lane. Following the collision, both drivers were transported to local hospitals and their injuries were reportedly not considered life-threatening. Both vehicles were towed from the scene, and for a short period of time, all northbound traffic was closed. The collision remains under investigation by local authorities.

Based on data from the Department of Transportation, wrong-way driving accidents account for between 300 to 400 deaths in the United States each year, with many more injured from these collisions. Although they may be less common compared to other types of accidents, they are often fatal, and more than 60 percent occur because of drunk driving or operating a vehicle while under the influence of drugs.

Lawsuit Filed Against Truck Company After Fatal New Hampshire Crash

Published on: March 4, 2021 | By Peter Thompson & Associates

Many parties may be responsible for a victim’s injuries and damages after a New Hampshire trucking accident. Injury victims often seek compensation through an insurance company or a personal injury lawsuit. Accidents involving trucks are complicated because injuries are usually more severe, and there is typically more than one responsible party. These accidents are more complex than collisions involving two cars and require an in-depth investigation.

In cases involving two vehicles, injury victims can pursue a claim against the driver, the car owner, or the driver’s employer if they were operating the vehicle as part of their employment. After a trucking accident, the victim may file a claim against the negligent truck driver, their employer, the trucking company, or the truck’s manufacturer. A driver may be directly responsible for their negligent actions, such as speeding, impairment, or distraction. A driver’s employer may be liable under vicarious liability or their direct negligence. Similarly, a truck’s manufacturer may be responsible for a truck’s defects that contributed to the accident.

Vicarious liability is a theory that holds employers responsible for their employees’ actions. Vicarious liability is only applicable if a plaintiff can establish certain elements that prove that the negligent driver was an employee acting within their employment scope when the accident occurred. Trucking companies often find loopholes to avoid potential liability by classifying their workers as independent contractors instead of employees. Further, there are many affirmative defenses that truck companies purport to avoid liability. However, vicarious liability claims against a trucking company can significantly impact a victim’s recovery because most companies maintain sizeable commercial insurance policies.

The Dangers of Drowsy Driving in New Hampshire

Published on: February 24, 2021 | By Peter Thompson & Associates

New Hampshire car accidents happen for all kinds of reasons every year—negligence, distracted driving, illicit substances, and bad weather conditions, are only a few examples. An unexpectedly dangerous and common cause of car accidents, however, has also claimed hundreds of lives: drowsy driving has consistently been a significant cause of car accidents and is more common than you think—and could also affect anyone behind the wheel.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), drowsy driving has claimed 795 lives in 2017 alone. Between 2013 and 2017, 4,111 fatalities were recorded that were associated with drowsy driving. When evaluating general motor vehicle crashes involving drowsy driving, 91,000 collisions were recorded in 2017.

Fatigue, which often results in drowsy driving, affects millions of Americans on a daily basis. Whether it is caused by a poor night of sleep, a late shift, or just pure exhaustion, fatigue can be costly and result in negative outcomes. When you operate a vehicle and become drowsy or were drowsy when you got in the car, the consequences can be disastrous. According to NHTSA, fatigue most frequently results in impaired cognition, car crashes, and other significant health-related consequences.