New Hampshire Injury Lawyer Blog

Recovering Damages After a New Hampshire Head-On Accident

Published on: June 9, 2021 | By Peter Thompson & Associates

Driver negligence is the cause of a significant number of head-on New Hampshire accidents. Every year thousands of people suffer life-altering injuries and death because of these types of collisions. For instance, a recent news report described a harrowing New Hampshire head-on accident. Hooksett firefighters and police received calls reporting a box truck and car collision. An initial investigation revealed that while making a sharp curve, the sedan crossed into the lane that the truck was traveling in. The collision required two ambulances to transport all of the victims to a local hospital for emergency treatment.

The Centers for Disease Control (CDC) reports that motor vehicle accidents are the leading cause of death for children, teens, and young adults. Head-on collisions account for a significant number of these accidents. These accidents typically result in serious injuries that require lengthy and extensive medical treatment.

After a New Hampshire accident, injury victims and their families may recover compensation for their damages. These lawsuits require the claimant to establish that the negligent driver owed the victim a duty, they breached that duty by acting negligently, and that negligence conduct caused the plaintiff’s injuries. Although the claims seem straightforward, there are various defenses that insurance companies and defendants will purport to avoid compensating the victim. In addition to the substantive defenses, plaintiffs often face complex and daunting procedural barriers that make pursuing a claim difficult.

Peloton Treadmill Recall May Affect New Hampshire Consumers

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

During the pandemic, many people purchased workout equipment such as treadmills or stationary bikes, given that many gyms were shut down because of social distancing. But what happens when that piece of exercise equipment you invested in is actually dangerous—and could potentially injure you or your family?

According to a recent news article, Peloton, a fitness and exercise equipment company best known for its high-end equipment and classes, announced that it would recall its treadmills after several reported injuries and a child’s death. Peloton’s chief executive released a statement claiming that the company had “made a mistake” by resisting the U.S. Consumer Product Safety Commission’s initial warning about the treadmill earlier last month and is now offering a full refund for all Tread+ and Tread treadmills. The commission reportedly received 72 reports of people, pets, and objects being pulled under the rear of the company’s treadmills, including a six-year-old boy who died. Now, the company is finally moving to refund customers who decide to participate in the voluntary recall and is encouraging treadmill owners to keep their equipment and safety keys stored away from their children.

In New Hampshire, if you or someone you love experiences personal injury, death, or property damage as a result of a defective product, you may have grounds to bring a product liability claim for damages. Under New Hampshire laws, potential plaintiffs who are injured by defective products could receive compensation for medical bills, wrongful death, and pain and suffering, among other claims.

Filing a New Hampshire Wrongful Death Claim Following a Fatal Accident

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

There are few experiences as harrowing as losing a loved one to a preventable accident. When this occurs, the accident victim’s family may be able to recover damages against the negligent party. This includes individuals, businesses, and even government entities. New Hampshire’s wrongful death statute governs situations when death results from another’s careless, negligent or wrongful act. Wrongful death claims are similar to personal injury claims, except they are filed on behalf of the deceased person. These claims can proceed regardless of whether there are any criminal charges brought against the negligent party.

Wrongful death lawsuits often stem from motor vehicle accidents, incidents of medical, and other situations where someone’s negligence causes another’s injury. For instance, recently, a new source described the tragic death of a 15-year-old girl in a New Hampshire car accident. The girl was a passenger in a Toyota whose 17-year-old driver lost control and crossed into oncoming traffic. An oncoming vehicle struck the Toyota, and the girl was taken to the hospital with life-threatening injuries. The 17-year-old was taken to the hospital with serious injuries, and the 15-year-old girl later died at the hospital.

An accident victim’s living relatives or beneficiaries may be able to file a wrongful death claim. However, under New Hampshire’s wrongful death statute § 556.19, anyone with a legal interest in the victim’s estate may file a claim. Nevertheless, parties must abide by the state’s statute of limitations to ensure that the court will hear their claim. Generally, New Hampshire wrongful death cases must be filed within three years from the date of death. However, it is essential that claimants contact an attorney as soon as possible. These cases often require an in-depth investigation and analysis to ensure that the claimants recover what they deserve.

Representing New Hampshire Motorcyclists After an Accident

Published on: May 12, 2021 | By Peter Thompson & Associates

Motorcycling is a popular and therapeutic activity for many people across the United States. Unfortunately, bikers are often portrayed as aggressive and unsafe motorists. However, many will attest to the importance of operating their bikes safely. New Hampshire motorcyclists who suffer injuries in an accident frequently face an uphill battle trying to recover damages. In combination with compelling arguments, these cases require an in-depth understanding of complex statutory and procedural rules.

According to the New Hampshire Department of Transportation and Centers for Disease Control, motorcyclists are over 25 times more likely to suffer a fatal injury than a car occupant. There are many causes for New Hampshire motorcycle accidents; however, a significant number of these occur because of a negligent car or truck driver. Motorists often fail to check their mirrors before switching lanes or exiting a highway. These failures put motorcyclists in a vulnerable and life-threatening position.

For example, recent news reports described the tragic death of a New Hampshire motorcyclist. An initial investigation revealed that a Prius driver was attempting to make a left turn in front of the motorcyclist approaching from the other direction. The woman slammed into the motorcyclist, causing him to suffer serious injuries. Bystanders attempted to render aid while awaiting emergency personnel; however, sadly, the biker later died from his injuries. Police indicated that the biker was wearing a helmet at the time of the incident.

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.