Common Injury Questions FAQ

We often get asked many questions by the people we represent on cases. Below are some of the most common questions and answers. Please note our answers are not legal advice. If you have a question or concern about a personal injury case give us a call.

Do you offer a free consultation?

Yes, give us a call to discuss your case. Generally, it would be better for you to come see us so we can review any paperwork you have and gather more details, however, we do also offer a free phone consultation.

Do I have a case?

This depends on many factors. Primarily, what happened, when it happened, and how it happened. There are many types of injuries that you may be entitled to recover damages for if you have been hurt by someone else. It is usually a detailed analysis to determine if you have a potential claim. Contact us to go over your options.

What is my case worth?

This also depends on various things. Some of the things that you can recover are out of pocket expenses, such as medical bills, lost wages, etc., and pain and suffering. Some cases are worth a few dollars if the injury is low/nominal, other cases may be worth milliions.

How can I afford a lawyer?

We understand you probably do not have thousands or tens of thousands of dollars to pay for a lawyer. That is why we work on a contingency fee basis. That means you do not pay any money unless your case is successfully settled/litigated. We take a percentage of that fee. Unlike most law firms in NEw Hampshire, we charge 25% as compared to the typical 33% lawyer fee. That means you will be able to keep more of the settlement amount.

What should I look for in hiring a lawyer?

You might want to consider what staff the lawyer has, how quick the attorney responds to you, how many cases the attorney has handled, how many open cases the lawyer presently has, how well the lawyer communicates with you, how personable the attorney is, and how much they charge.

How soon do I have to file a lawsuit?

A statute of limitations requires you to file a lawsuit within a certain amount of time after the incident occurs. In New Hampshire it is Ususally three years, but there can be exceptions. Such as if you were a minor, if you could not reasonably discover the injury, and some other things. Act soon to protect your rights.

Will I have to testify/ go to trial?

Most cases settle without a trial. If there is a trial, you will likely testify in order for the jury to understand what happened to you. It is ultimately your decision whether to settle or go to trial.

What can I expect to recover?

The goal of the law is to put you in a position you were prior to the accident/injury / to attempt to make you whole again. Some things you can recover include medical bills, pain and suffering, loss of consortium.

How do I collect a personal injury award?

Ususally from an insurance company, or the person who harmed you. In some cases, if there is no insurance, and the person does not have money, unfortunately, there may not be a good chance for you to actually recover the money you are entitled to after a judgment.

What should I NOT do if I think I have a case?

  • Do not sign anything without having an attorney review it first.

  • Do not give out any statements without having an attorney present.

  • Do not put off seeking medical treatment.

What is a counterclaim?

A counterclaim is when the defendant sues you for something after you sue them.

 

What is discovery and what is its purpose?

Discovery is a process to gather information from the other side related to your case. It can be asking them questions, or gaining documents. The idea is to be fully prepared prior to trial. Besides asking them questions, they will likely ask you questions.

What are interrogatories?

Interrogatories are formal questions asked to the other side before trial.

 

What is a deposition

A deposition is where someone under oath is asked questions. It is similar to calling a witness to the stand to testify, but it happens before trial.

 

What is negligence?

Negligence is often the standard you must prove to show the other side is at fault. In non-legal terms, I tend to define negligence as when the other person does not act in a reasonable manner.

 

What is the burden of proof?

Typically, in a personal injury case that is civil in nature, you have to prove your case by a preponderance of the evidence. This basically means you have to show it was more likely than not to have happened, or put another way 51%.