Personal Injury Lawyer in North Conway

What to Do After An Injury or Accident

What should I do after an accident?

  1. Get necessary medical care. The most important thing will always be getting better and getting back as much function as possible after an accident.
  2. Get the information on the person who caused the accident: Name, address, insurer, type of car, etc. Take photographs of damage to car and of your injuries.
  3. Do not talk to the insurance company of the person who caused the accident. They are not your friend, and they do not desire to “help you.” Never give a recorded statement unless required by your own insurance company.
  4. Call us with any questions. Let us be of help to you. Remember: the initial consult is no charge.

Who should pay my medical expenses now?
That seems like a very simple question—but it doesn't have a simple answer. First, we need to know:

  1. Do you have insurance on the car that was in the accident—or does someone else? 
  2. Do you have health insurance? Do you have Medicare or Medicaid? Is there any medical insurance available for you?

Depending on the situation the answer is different.

Here are two quick examples of how we have helped clients with this question.

  • Client A was very seriously injured in auto accident, in which the other driver was at fault. The client, had medical payments coverage on his car of $5,000 but had no health coverage.  Client was hospitalized for more than 30 days after accident with initial medical bills over $100,000. Hospital sent a bill. In this case, we told the client to use his $5,000 in medical payments coverage to ensure he could get treatment for post-hospitalization therapy and cardiac care, which otherwise might not have been provided for him. He received the care. We paid the hospital when the injury case resolved; the hospital waited for payment knowing we wereinvolved. 
  • Client B, was rear ended in an auto accident. Medicare, which the client has, requires that it be payor of last resort. Thus, his medical payments were covered under his medical payments coverage (secondary insurance). When the medical policy payment coverage was exhausted, Medicare then pays. We pay Medicare back upon conclusion of the injury case.

Between medical and credit card bills, won't I be bankrupt before the case can be resolved?
Not with our help.

Our staff is experienced in dealing with collection agencies and medical providers for medical bills. After an accident, our clients have legal and practical needs. We try to provide help with both.

We strongly advise clients to 

  • Notify creditors of an accident or inability to work as soon as possible. 
  • Don’t get 90 days behind on your bills or mortgage and then tell them. Also, don’t use your credit cards to pay medical bills if you are heading toward bankruptcy.

The insurance company has made an offer to pay my medical bills and lost wages, but my doctor says I will likely need care down the road. What about my future medical care? What should I do?
Do you know what care you will in the future and what it will cost you?  If not, how can you settle your claim?

You need to know what future care will be required and what it will cost.

  • With many injuries, especially orthopedic injuries, joint surfaces are affected, and substantial future treatment can be very costly. 
  • Knee, ankle and hip injuries where doctors often render opinions relative to the need for future joint replacements. 
  • We also see these opinions often in cases where a heart injury has occurred (requiring medications such as Coumadin for life) or in cases involving young people; for example, a teenager suffering lifelong leg injury that will effect the ability to run, exercise, etc.

These medical opinions are absolutely essential to a fair recovery in your case.  The insurance company does not want you to know this!

The driver who hit me apparently has minor insurance, or none at all, and I have been seriously injured? What do I do?
New Hampshire is one of two states in the country that does not require mandatory liability insurance for registered vehicles. At any given time, 15% or more vehicles on the road in the state are uninsured.

Fortunately, the state legislature required that all drivers who are insured for liability coverage also carry uninsured and under-insured motorist coverage. This means we can bring a claim against your own insurance company for the damages which the other driver would have been legally obligated to pay to you, but for which they did not have coverage.

Beware: There are significant notice requirements for these claims, and if a driver has very limited coverage, you cannot settle with the other driver without the permission of your own insurance carrier. Your insurer has the right to investigate to see if the responsible driver has insurance or assets before accepting your claim.  Be careful or you can lose significant rights!

Note that bringing the claim against your carrier should not effect your rates or ability to continue with that carrier in the future. The coverage is paid because the other driver is liable: The accident was not your fault and you will not be negatively effected.

How long do I have to bring my claim in New Hampshire?
Usually, but not always, you have three years from the date of the accident to file suit in an appropriate court in New Hampshire for accident-related claims.

However, this is not absolute, and there are statutes for specific claims that are shorter (for example, claims against estates, ski areas, municipalities, the State of New Hampshire, or the U.S. government). Statutes are also much shorter for employment claims and human rights complaints.

I have questions, lots of them. What should I do?
Call us. We provide lots of helpful advice over the phone without being retained. It is no cost.

 

Most cases are handled

on a contingent fee basis—

no recovery, no fee.


Free initial consultation.

Call 603-356-5439

or email now.