New Hampshire Injury Lawyer Blog

Recovering After Losing a Loved One Through a New Hampshire Wrongful Death Claim

Published on: November 4, 2020 | By Peter Thompson & Associates

Accidents happen every day. When these accidents result in a fatality, however, those who are survived by the deceased accident victim may have the ability to file a New Hampshire wrongful death claim in court. These claims can often be complex, and like other states, New Hampshire has state-specific rules governing who can file such claims and what damages and remedies are available for the parties who decide to bring these claims to court.

According to a recent news report, a local New Hampshire man was arrested after a roadway accident killed the passenger on his motorcycle. The driver of the motorcycle failed to account for a curve in the roadway and lost control. After losing control, the driver and his passenger were both thrown from the motorcycle off the shoulder of the roadway where his passenger sustained fatal injuries from the crash. The driver sustained life-threatening injuries and was transported to a local hospital where he was charged with negligent homicide. The investigation into the crash is still ongoing, but local authorities reported that alcohol was potentially a factor in the crash.

To advance a successful wrongful death claim in New Hampshire, one must first be eligible to bring such a claim to court. New Hampshire allows wrongful death suits to be filed in cases where the “negligent, reckless, or intentional act” of another party causes death. Wrongful death claims are just like other personal injury claims, except the injured person is deceased and no longer able to bring a suit on their own for damages. Instead, the deceased’s estate or family must file on their behalf.

What’s the Deal with New Hampshire’s Auto Insurance Requirements?

Published on: October 28, 2020 | By Peter Thompson & Associates

In New Hampshire, the state’s “live free or die” motto rings especially true when it comes to car insurance laws and requirements. Most states across the country require auto insurance for all drivers, but New Hampshire, uniquely, does not. The state does, however, have other requirements that operators of vehicles are responsible for. Because the state laws are so anomalous compared to other states across the country, it is crucial that every driver knows what the expectations are for them under New Hampshire laws.

Although New Hampshire does not require car insurance for drivers, it does require drivers to cover expenses relating to property damage and bodily injury if they are the at-fault party in a vehicle accident. The New Hampshire Department of Safety, despite a lack of a statewide mandate for auto insurance, strongly recommends owners and operators of automobiles obtain standard car insurance to best protect themselves in the event of an accident.

Even though auto insurance is not required in New Hampshire, having it is the best way to cover these cost requirements. New Hampshire drivers who do decide to purchase auto insurance are subject to certain coverage minimums. The policy must have at least $25,000 in bodily injury coverage per person, $25,000 in property damage coverage, and at least $50,000 in bodily injury coverage for accidents involving multiple people. Policies are also required to include at least $1,000 in medical payments coverage so that if an accident occurs, you are able to pay a portion or all of your own medical bills.

What is the New Hampshire Recreational Use Statute and When Does It Apply?

Published on: October 23, 2020 | By Peter Thompson & Associates

In general, landowners are responsible for keeping their property in a reasonably safe condition for their guests. However, New Hampshire has laws that limit landowners’ liability for injuries that occur on their property. Lawmakers designed these limited liability statues to encourage owners to open their land for public use. Although the idea behind these statutes makes sense on some level, the laws present significant challenges to injury victims seeking compensation for their injuries. In effect, the statutes provide property owners, lessees, and occupants who permit the public to use their land without cost with far-reaching protections against liability.

As a general matter, property owners do not owe any duty of care to individuals who enter their land for recreational purposes or to observe recreational activities. As such, the law does not impute any liability for personal injury or property damage that a recreational user may claim. The statute is so broad that owners do not even maintain the duty to inspect their property, provide warnings for hazardous conditions, or keep the property safe for entry.

However, the statute does not apply to situations where the owner engages in intentional or malicious conduct that results in injuries. Further, the statute does not protect landowners that charge an admission cost, collect a fee, or receive any other type of consideration to use their land. Further, the statute does not protect landowners when a recreational user causes injuries to another person to whom the owner owes a duty.

Uninsured Motorist Coverage Under New Hampshire Law

Published on: October 14, 2020 | By Peter Thompson & Associates

New Hampshire law does not require residents to purchase vehicle liability insurance. However, if a person chooses to purchase coverage, they must include Uninsured/Uninsured Motorist Coverage (UIM). The Insurance Research Council reported that about 10% of New Hampshire drivers do not have vehicle insurance. In light of these numbers, drivers must understand their rights and remedies if they are involved in a New Hampshire car accident with an uninsured or underinsured driver.

Under New Hampshire Statute RSA 264:15, insurance policies cannot be issued without uninsured motorist coverage, equal to the amount of bodily injury coverage the policyholder purchased. New Hampshire requires policyholders to purchase at least $25,000 for single accidents involving death or injury and $50,00 for accidents resulting in death or injury to two or more individuals.

Unlike bodily injury claims, which are typically made against a third party and their insurance company, UIM claims are made against the policyholder’s insurance company. Coverage disputes are generally based on contract law and may require civil lawsuits. Many lawsuits involve disagreements about the number of medical bills, how the injury occurred, and the vehicles involved. In some cases, insurance companies will argue that the circumstances do not fall into the coverage parameters.

Social Host Liability in New Hampshire

Published on: October 7, 2020 | By Peter Thompson & Associates

Hosting social gatherings nowadays may look a bit different than they did before COVID-19 began. Some things, however, remain the same at these events, even with social distancing requirements. Alcohol being present at a gathering, for example, is still common. However, hosts may have a greater responsibility than they expect or are aware of when serving adult refreshments at a party. Following a social gathering, if a host’s guest leaves the event intoxicated and gets into an accident, it may give rise to liability on the part of the host.

In a recent state opinion, a deceased accident victim’s parents filed a wrongful death action on behalf of their son who, after leaving a social gathering, got into a fatal car accident. On the night in question, an underage friend of the deceased allowed him and a couple of other friends to consume alcoholic beverages in his home. The victim and another friend were intoxicated when they left the gathering, and on the way home, the deceased’s friend lost control of his vehicle and crashed. The plaintiff died on the scene. His friend’s blood alcohol concentration was twice the legally permitted amount.

The victim’s parents filed a complaint against their son’s friend who was operating the car, who, in turn, filed a third-party complaint against the host of the social gathering. The trial court ruled in favor of the host, holding that he did not have a duty to supervise his friends.

New Hampshire Product Liability Lawsuits Following a Drug Recall

Published on: September 28, 2020 | By Peter Thompson & Associates

Injuries from defective products can have a devastating impact on individuals and their loved ones. In many cases, consumers suffer serious injuries after using or consuming dangerous products. New Hampshire product liability lawsuits generally stem from design defects, manufacturing defects, or marketing defects. When individuals experience injuries or damages due to these defects, they may be entitled to monetary compensation to cover their medical treatment, physical pain, lost wages, reduced earning capacity, loss of companionship, and loss of enjoyment of their lives.

The majority of product recall lawsuits arise from injuries related to automotive defects, tobacco products, automobile parts, medical devices, and asbestos. In addition, many defective product cases concern defective prescription drugs. Consumers may file a lawsuit even if the pharmaceutical company issues a recall for potentially harmful medication or medical device. For instance, according to a recent news report, the Food and Drug Administration (FDA), announced that Acella Pharmaceuticals, LLC, is voluntarily recalling a thyroid medication that may have sub potency levels of the active component.

The company explained that the drug treats patients experiencing hypothyroidism. However, those taking the sub potent drug may suffer dangerous symptoms. These side effects are particularly harmful to newborns, infants, and pregnant women. Symptoms include fatigue, sensitivity to cold, constipation, dermatological issues, hair loss, slow heart rate, depression, and weight fluctuations. Further, there is a serious risk of miscarriage, fetal hyperthyroidism, and impairments to fetal neural and skeleton development. Additionally, older adults and those suffering from cardiac issues may experience palpitations and arrhythmia. The company provided notices to medical offices, pharmacies, and wholesalers.

Can Restaurants Be Held Liable Through a New Hampshire Product Liability Lawsuit?

Published on: September 21, 2020 | By Peter Thompson & Associates

As cooler temperatures begin to move in, one of life’s simplest pleasures is sitting in a coffee shop with a warm, toasty beverage and catching up with a friend. However, no one expects to be injured by their favorite hot drink, especially when the injury was caused by a defective cup or negligence on the part of the coffee shop. When these unfortunate accidents happen, those responsible can be held accountable through a New Hampshire personal injury lawsuit.

In a recent appellate opinion, a plaintiff sued a major coffee retailer after spilling a cup of hot tea she purchased from the retailer’s store, suffering significant second-degree burns. Under a theory of product liability and negligence, the plaintiff alleged that the defendant’s cup was defective.

According to the court’s opinion, the plaintiff ordered two cups of hot tea for herself and a friend on the day of the incident. When the drinks were ready, each drink had a lid and was “double-cupped,” meaning the cup containing the drink was inserted into a second empty cup. Neither drink had a sleeve around the outside cup. When the plaintiff picked up the drinks, she noticed that they were extremely hot, and attempted to drink from the cup while seated and leaning forward to take a sip. Unfortunately, her chair pushed forward unexpectedly, and she grabbed onto the table to maintain her balance, resulting in the drink spilling onto her thighs. The lower court ruled in favor of the defendant coffee retailer, and the plaintiff appealed.

Drunk Driving Remains Common in New Hampshire Despite Dangers

Published on: September 15, 2020 | By Peter Thompson & Associates

Drunk driving kills thousands of people every year and leads to a substantial number of corresponding arrests and charges. Even in states like New Hampshire that have strict drunk-driving laws designed to prevent the frequency of such incidents, drunk driving accidents still remain common across the state. In fact, New Hampshire drunk driving accidents have ranked among the leading causes of fatal car accidents for years.

In a recent news article, New Hampshire state police arrested ten drivers during a drunk driving saturation patrol. During the DWI Saturation Patrol, 92 vehicles were stopped, and ten arrests were made. Four people were arrested on driving under the influence (DUI) charges, and one of them was a felon in possession of a stolen handgun, receiving stolen property, and conduct after the accident. Another who was arrested on an aggravated DUI and speeding charges also incurred an open container violation. Various other individuals were arrested on different charges in addition to DUI and DWI charges, ranging from theft to operating the vehicle without a valid license to breach of bail.

According to recent reports, the New Hampshire State Police have taken on a more aggressive role to prevent drunk driving throughout the state. Although New Hampshire has some of the most strictly enforced laws in the country to counteract and prevent drunk driving, the practice remains common across the state.

Proving Liability Following a New Hampshire U-Haul Accident

Published on: September 8, 2020 | By Peter Thompson & Associates

Throughout late summer and into early fall, the United States regularly sees a steady increase in U-Haul accidents. This increase typically coincides with students transitioning back onto college campuses. U-Haul accidents can result in serious injuries, death, and property damage. As such, New Hampshire motorists must understand their rights and responsibilities in these types of cases. Injury victims may be able to recover from various parties if they are involved in an accident with a U-Haul driver.

Despite their size and similarity to other trucks, the U.S. Department of Transportation (USDOT), does not recognize U-Hauls as commercial trucks. As a result, these trucks are not subject to the various safety rules, regulations, and oversight as other similar trucks. These companies typically invest a significant amount of time and money to ensure that their trucks are distinguished from commercial trucking vehicles. Even though these vehicles are involved in many fatal crashes every year, the major rental truck companies continue to successfully lobby against changing the classification of their vehicles.

Unlike commercial vehicles, the law does not require U-Haul drivers to obtain a commercial drivers’ license (CDL). Rental trucks benefit significantly from this exception, because their customers can easily rent a truck without jumping through various hoops. Further, since the law does not categorize these vehicles like commercial trucks, the companies can avoid thorough and costly inspections. As a result, many of their trucks have a substantial number of miles, and may not be in good working condition.

The Critical Elements and Requirements of a New Hampshire Car Accident Lawsuit

Published on: August 26, 2020 | By Peter Thompson & Associates

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.