If you are hurt in an automobile accident or some other
incident, you have suffered a personal injury.
If your personal injury is caused by the fault of someone else, you have
the right to seek compensation for your injuries by bringing a negligence
action. Generally, in New Hampshire, you have three years from the time of your injury
to bring a lawsuit, otherwise your claim will be barred by the Statute of
Limitations.
If your injury is caused by a defective product, the claim
is oftentimes referred to as a “Products Liability” action. If your injury is caused by a professional
acting in the course of his or her professional capacity, that claim is
referred to as a “Malpractice” action. If an injury results in death the claim is a "Wrongful Death" action. All negligence actions, require the injured party, called the claimant, to
prove both liability of the negligent party and the damages suffered.
Liability generally means that the negligent party
against whom the claim is made had a duty to act in a reasonable manner, that
the negligent party did not act reasonably, and that as a result the claimant
was injured. This duty does not have to
be a violation of law but rather proof that the negligent party did not act as
a reasonable and prudent person would under the circumstances. Damages are proven
by medical bills both incurred and likely to be incurred in the future, lost
wages and wages likely to be lost in the future, permanent injuries,
disfigurement, pain and suffering and loss of enjoyment of life. If the injured party is married, the spouse
of the injured party also has a claim for “Loss of Consortium”.
Most
personal injury actions are covered by the negligent party's insurance
carrier. Insurance companies have large in-house claim departments
whose job it is to resolve cases for the least possible money. If you
are injured you should speak with an experienced attorney before you
make any decisions or sign any documents. The attorneys and staff at Buchanan Maynard
and Parodi, PLLC are experienced in personal injury law and would be privileged
to assist you.
