New Hampshire, Personal Injury Frequently Asked Questions

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting New Hampshire personal injury lawyer William H. Barry, III, of the law firm of Barry & Honorow, PLLC, you can receive a personal consultation regarding your specific legal claim.

What is Personal Injury?

Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of New Hampshire. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
• Burn Accidents
• Construction/On the job Accidents
• Dangerous or Defective Products
• Dog/Animal Bites
• Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
• Nursing home abuse and Neglect
• Slip and Fall Accidents/Premises Liability
• Spinal Cord Injury
• Toxic Exposure
• Traumatic Brain Injury

What financial compensation can I recover in a personal injury claim?

Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost income, including overtime wages
• Pain & Suffering
• Physical Disability
• Disfigurement
• Emotional Trauma
• Mental Disability
• Property Damage

What is the Statute of Limitations?

Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact New Hampshire personal injury lawyer William H. Barry, III, of the law firm of Barry & Honorow, PLLC.

What is Wrongful Death?

Wrongful death occurs when a person's death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of New Hampshire has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.

Under what circumstances can a wrongful death occur?

Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:

• Medical malpractice resulting in a patient's death
• Neglect or abuse on the part of a nursing home that results in a patient's death
• Automobile, bus, train, airplane or other common carrier fatality accident
• Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death
• Death during a supervised activity (sports tournament, field trip, etc.)

Who can file a wrongful death lawsuit?

A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.

Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly.

How is pecuniary loss determined in a wrongful death lawsuit?

To determine pecuniary loss, the Court must consider the age, character, and condition of the decedent, his or her earning capacity, life expectancy, intelligence and health, as well as the circumstances of the inheritors. Typically, the main consideration in awarding pecuniary damages is the decedent's circumstances at the time of death. For example, when an adult wage earner with dependants dies, the major parts of the recovery are loss of income and loss of parental guidance.

How do I take action right now to protect my rights?

If you or someone you know in Nashua, New Hampshire, or anywhere within New Hampshire needs the representation or skilled legal advice of an experienced personal injury lawyer, please contact William H. Barry, III, of the law firm of Barry & Honorow, PLLC, today at (888) 781-7061, or complete the contact form provided on this site to begin your free consultation with William H. Barry III, a skilled New Hampshire serious injury attorney.

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