A car crash on Route 202 or near Peterborough’s downtown can turn a normal day into a long stretch of medical appointments and back-and-forth calls with insurance companies. As a result, many people want to know whether their case will settle quickly or end up in front of a judge.
Most car accident cases in New Hampshire resolve through insurance negotiations, but some situations do require legal action. This often happens when fault is disputed or an insurance company refuses to offer compensation. If you’re not sure about what comes next, Shaheen & Gordon, P.A.’s car accident attorneys in Peterborough and beyond can review your situation and help you find the right path forward.
Why would a car accident claim need to go to court?
A car accident goes to court when the insurance company refuses to take responsibility, won’t offer fair compensation, and/or disputes who caused the crash. Judicial action may be necessary when:
- Liability is contested
- The insurer undervalues injuries or property damage
- There are significant medical bills or long-term complications
- The at-fault driver denies the claim
- The case involves complex evidence or multiple parties
Most accident claims are resolved through negotiation, but court becomes an option when insurers won’t cooperate.
How often are car accident cases settled out of court?
Most car accident claims settle without a trial. Insurance companies typically prefer resolving claims through negotiation because it’s faster, less expensive, and avoids the uncertainty of the courtroom.
But in complex cases involving serious injuries or disputed fault, a lawsuit can help move the process forward. Filing a lawsuit doesn’t mean you’ll end up in front of a judge. Many cases still settle before trial.
What happens once you file a car accident lawsuit in New Hampshire?
Filing a lawsuit starts the formal legal process. Your attorney will file a complaint outlining your injuries and losses, and exchange evidence with the other side (like medical records and photos).
Your lawyer will also participate in any depositions and discovery phases, then attempt settlement through mediation or negotiation. If needed, your lawyer will prepare for trial. Trials are rare, but the court process ensures your case keeps moving if an insurance company refuses to resolve it fairly.
What factors determine whether your case needs to go to court?
Your car accident lawsuit is more likely to go to trial when:
- Fault is disputed
- The insurer blames you for the crash
- There’s disagreement over medical bills, lost income, or the extent of your pain and suffering
- The crash involves serious or permanent injuries
- The at-fault driver had low insurance limits
- Settlement offers don’t cover ongoing care or future losses
How does New Hampshire’s comparative negligence rule affect your case?
New Hampshire follows a modified comparative negligence rule. You can recover compensation as long as you were less than 50% at fault. Your compensation is reduced by your percentage of fault.
If a jury decides you were 25% responsible and your losses totaled $40,000, you’d recover $30,000. If they find you 50% or more responsible, you can’t recover damages. An experienced car accident attorney can help counter arguments from insurance companies and protect your ability to recover.
How long do you have to file a lawsuit in New Hampshire?
You have three years from the date of the crash to file a personal injury lawsuit. This deadline applies to injuries, property damage, and wrongful death (three years from the date of death). Even if most car accident cases settle out of court, filing within the statute of limitations preserves your right to pursue compensation if negotiations fail.
Do you need a lawyer if your case might go to court?
You’re not required to have an attorney, but many people find it hard to navigate the legal process by themselves, especially when insurance companies push back. An experienced car accident attorney can also explain each step so you feel prepared instead of overwhelmed. Other reasons to hire an experienced lawyer include:
- Understanding whether filing a lawsuit is necessary
- Protecting you from unfair tactics
- Presenting the strongest case possible
- Handling negotiations and preparing for trial
- Making sure accident claiming paperwork and deadlines are met
Talk to a Peterborough car accident lawyer today
If you’re wondering whether your New Hampshire car accident claim could end up in court, you don’t have to navigate the legal process on your own. Shaheen & Gordon is one of the largest personal injury law firms in Northern New England and is known for representing individuals, not large corporations, in complex car accident cases.
Our team offers honest communication, personal attention, and support designed to make the process easier. We meet clients at the office closest to them and offer virtual appointments. Request a free consultation today at (800) 451-1002 or contact us online to learn how our car accident attorneys can help you move forward.
