Newborn Law, PLLC For Serious Injuries, Get Serious Results 2026-09-03T10:37:23Z https://www.newbornlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1302227/2021/06/cropped-favicon-32x32.png On Behalf of Newborn Law, PLLC <![CDATA[How do you prove traumatic brain injury in an NH court?]]> https://www.newbornlaw.com/?p=46800 2026-08-31T10:38:00Z 2026-09-03T10:37:23Z A traumatic brain injury (or TBI) can change a life in an instant, and in severe or permanent ways. However, TBIs are not known as “invisible injuries” for nothing. Unlike broken bones or scars that show up on X-rays and scans, damage to the brain is not always visible. Nonetheless, it can still significantly impact your cognitive ability, quality of life and even personality. If you or a loved one suffered a TBI due to negligence, there is one question to answer. How can you prove it in court? Proving a traumatic brain injury in New Hampshire requires careful preparation and compelling evidence.

Essentials in PI cases

A majority of injury lawsuits involve negligence. To proceed with a personal injury lawsuit in New Hampshire, you must prove certain factors. Three core pillars determine the foundation and success of any personal injury case. These are the factors essential to succeeding with your lawsuit:
  • Fault (liability): You must prove that the other party owed a duty of care and caused injury due to a breach of that duty. The court will expect evidence that negligence or wrongful action caused your TBI.
  • Causation: You need to show that the incident caused your brain injury or affected it by making your condition worse.
  • Damages: Your injury led to real losses like lost wages, medical costs and life impacts.
Because TBI symptoms can often be “invisible,” defense teams often focus their challenges on causation and damages. You need to gather solid evidence of how your injury impacts daily life and its connection to the incident.

Determining fault in NH

New Hampshire follows the modified comparative negligence standard to determine fault. This means that your percentage of fault can reduce your compensation. Your role in causing your injuries has a direct impact on damages you can receive.  However, it is only true up to a point. You cannot recover damages if your percentage of fault is greater than 50%. This can be particularly devastating for you, as catastrophic injuries such as TBI can have a permanent financial impact.

Practical steps

If you are seeking to file a legal claim in New Hampshire, it is crucial to start keeping detailed records of symptoms. If possible, get a comprehensive medical evaluation if symptoms persist. Identify key witnesses who can attest to your condition before and after the TBI.  The statute of limitations can vary by claim type and circumstances. It is important to contact a legal representative promptly after discovering your injury to avoid missing deadlines.]]> On Behalf of Newborn Law, PLLC <![CDATA[Can an owner be liable when a booby trap injures you?]]> https://www.newbornlaw.com/?p=46797 2026-07-30T12:18:34Z 2026-08-04T12:17:57Z Proving a deliberate hazard Property owners in New Hampshire owe reasonable care to people who come onto their land. If they knowingly install a device capable of causing physical harm, their awareness of the danger may be easier to establish. The remaining questions concern the device's purpose, function and location. A deliberate trap may support a premises liability claim because a hidden danger can breach the duty owed to people whose entry is foreseeable. If evidence demonstrates that the owner meant the device to make harmful contact, the facts can support an intentional tort claim rather than negligence alone. Defense of property does not give an owner an open-ended right to cause bodily injury. A preset device cannot judge why you entered or whether you posed an immediate threat. Its design and placement also create an unreasonable risk for anyone who might set foot on the property.

Evaluating your entry status

The landowner may respond by questioning whether you had a right to be there. That dispute can arise even if you had a harmless reason for being there, such as delivering a package, checking utility equipment or misreading a boundary line. In New Hampshire, entering the property without realizing it does not automatically defeat your claim. One key question is whether your presence could reasonably have been expected. An open path, an unlocked gate, regular foot traffic or prior reports of people entering the area may help show that the landowner should have anticipated visitors.

Identifying compensable losses

You can recover the following types of damages once your claim concludes:
  • Medical expenses, including projected costs of future treatment
  • Lost income along with any lasting reduction in earning capacity
  • Pain, suffering and the loss of activities you once enjoyed
  • Enhanced compensatory damages for wanton, malicious or oppressive conduct
New Hampshire also considers whether your actions contributed to the injury. If a jury assigns you 50% or less of the responsibility, you may still recover damages, but your award decreases by that percentage. A share above 50% generally prevents recovery under a negligence claim.

Preserving evidence after injury

To proceed with a civil case, you would need to prove that the device caused your injury and led to measurable harm. Keep the clothing and footwear involved, along with medical papers, receipts and messages about the location. Further evidence might remain in the hands of another party. This can include security footage, device logs, sales receipts, installation records and messages about the trap. You do not need to return to the scene to gather proof. Legal counsel can send written requests to preserve documents, help you file before the applicable deadline and seek additional evidence through formal discovery.]]> On Behalf of Newborn Law, PLLC <![CDATA[Should you seek medical care after a minor car accident?]]> https://www.newbornlaw.com/?p=46793 2026-06-30T14:55:58Z 2026-07-03T14:55:13Z Why do hidden injuries matter? Many injuries do not show symptoms right away. Shock and adrenaline can hide pain for hours after a crash. Injuries like whiplash, concussions, internal bleeding and soft tissue damage may not appear for days or even weeks. By that time, connecting these symptoms to the accident becomes more challenging. Whiplash is particularly common in rear-end collisions and can cause chronic pain if left untreated. Traumatic brain injuries can start with mild symptoms like headaches or confusion. They can later become more serious. Getting evaluated by a medical professional helps identify these issues early when treatment is most effective.

How does medical documentation affect your claim?

If you decide to file an insurance claim or pursue compensation for your injuries, medical records become crucial evidence. Insurance companies often question claims when you wait to see a doctor after an accident. They may argue that your injuries are not related to the accident or that they are less severe than claimed. New Hampshire uses a fault-based insurance system. The driver who causes the crash pays for injuries and damages. Unlike no-fault states, where your own insurance covers your medical expenses regardless of who caused the accident, New Hampshire allows you to pursue compensation from the responsible party's insurance company. However, the state does not require all drivers to carry auto liability insurance. If the driver has no coverage, you may recover damages from their personal assets or through your uninsured motorist policy. This makes establishing a clear connection between the accident and your injuries even more critical, as the other driver's insurance company will look for any reason to deny or minimize your claim.

Why is it important to seek medical care as soon as possible?

Seeking immediate medical attention creates a clear timeline linking your injuries to the accident. This documentation strengthens your position if you need to negotiate with insurance adjusters or pursue further action. Even if you feel fine initially, having a medical professional examine you establishes a baseline for your condition. New Hampshire law gives you three years to file a personal injury lawsuit after a car accident. Three years may sound like a long time, but insurance companies will question any delay in medical treatment. Immediate medical care demonstrates that you took your potential injuries seriously from the outset and did not allow symptoms to worsen through neglect. Courts and juries tend to view plaintiffs more favorably when they sought prompt medical attention and followed the doctor's orders consistently.

What steps should you consider taking?

Visit an emergency room, urgent care facility or your primary care physician as soon as possible after the accident. Describe all your symptoms honestly, even minor ones like slight neck stiffness or a small headache. Follow through with any recommended treatments, tests or follow-up appointments. Keep records of all doctor visits, treatments and costs. This information becomes valuable if you need to demonstrate the extent of your injuries later. Take your recovery seriously. Do not return to normal activities if your doctor tells you to rest.

Prompt action can protect your recovery

Seeing a doctor after a minor car accident protects your health and your legal rights. By addressing potential injuries early and maintaining thorough records, you create a clearer picture of how the accident affected you. In New Hampshire, taking prompt action allows you to make more informed decisions. Medical care can also strengthen your claim if you intend to seek recovery.  ]]> On Behalf of Newborn Law, PLLC <![CDATA[Can you receive workers’ comp after a work-from-home injury?]]> https://www.newbornlaw.com/?p=46789 2026-06-01T14:39:16Z 2026-06-04T14:37:48Z Remote work injuries sometimes qualify for benefits If you are a remote employee, you may still receive workers’ compensation protections. However, you may need to prove how closely the incident connects to your job duties. If the accident happened while you were performing assigned tasks, the claim may receive closer review. In some cases, remote-work injuries connected to those duties may qualify for benefits. For example, repetitive strain from typing or physical pain tied to an unsafe workstation setup may support a claim. A fall while retrieving work materials from a home office area may also qualify for workers’ compensation when the injury happens during assigned tasks. In New Hampshire, workers’ compensation generally provides medical coverage and 60% of lost wages after more than three missed workdays. State guidance also says most employers with workers must carry workers’ compensation insurance.

Understanding what could strengthen a remote injury claim

Work-from-home cases often depend on stronger documentation. A prompt report can help establish when the injury happened. Other small details, such as your emails or time logs, can also be significant. They could help show the tasks you were handling before the incident happened. Keeping these records makes it easier to respond to questions about how the injury occurred. Waiting too long to notify an employer may create scrutiny during the claim review process. Reporting the injury quickly after gathering relevant evidence could help protect your claim. Legal guidance can help you organize records, track deadlines and respond to questions during the review process.]]> On Behalf of Newborn Law, PLLC <![CDATA[4 injuries that often result from falls on neglected property]]> https://www.newbornlaw.com/?p=46785 2026-05-01T20:00:53Z 2026-05-06T19:48:12Z A fall can change everything. As an older adult, you may be wondering whether someone else bears responsibility for what happened. In New Hampshire, property owners carry a legal duty to keep their premises reasonably safe. If a neglected hazard contributed to your fall, the law may give you options worth exploring.

What a property owner is actually responsible for

Negligence does not require intent; a property owner who fails to address a hazard they knew or should have known about may carry legal responsibility for your injury. New Hampshire law applies this standard to conditions like cracked pavement, untreated ice and broken steps. If you contributed to what happened, that does not necessarily end your options. New Hampshire follows a modified comparative fault rule. This means you may still recover compensation if your share of responsibility is 50% or less. Typically, you have up to three (3) years from the date of your injury to take action.

Injuries that often point to someone else's negligence

Your injury can offer important clues about what caused your fall. In New Hampshire, several of these injuries appear frequently in premises liability cases involving older adult pedestrians:
  • Hip fractures: A fall on hard ground can fracture your hip and require surgery and a long recovery. For older adults, this injury often leads to lasting changes in mobility.
  • Traumatic brain injury (TBI): A fall can cause a brain injury even without visible wounds. Symptoms may not appear for several days, making it easy to underestimate what happened.
  • Spinal cord damage: A sudden or awkward fall can compress or damage your spine. The effects can range from chronic pain to lasting limits on your movement.
  • Torn ligaments and soft tissue injuries: Insurers often minimize these injuries, but they can require surgery and months of recovery. State law does not require a severe injury to support a premises liability claim.
In each case, a neglected or foreseeable hazard may have played a direct role in your fall.

You should not have to figure this out alone

Recovery from a serious injury is difficult enough without the uncertainty of not knowing why it happened. Legal support may review your situation and help you understand your options. A conversation is often where clarity begins.]]> On Behalf of Newborn Law, PLLC <![CDATA[Can you sue if the injury was caused by poor lighting?]]> https://www.newbornlaw.com/?p=46780 2026-04-01T14:43:50Z 2026-04-06T14:42:53Z The property owner's duty of care for safe premises Under New Hampshire law, property owners owe a general duty of reasonable care to people who enter the premises. This duty encompasses a range of responsibilities, including identifying and correcting hazards like inadequate, broken or missing lighting that could foreseeably lead to an accident.

The elements of negligence you need to prove

A premises liability claim typically requires you to establish the following:
  • The property owner had a duty to keep the premises in a reasonably safe condition
  • The owner knew or should have known about the hazard (poor lighting)
  • The owner did not take action to remedy the issue
  • The hazard was a direct cause of your injury
  • The injury resulted in actual damages, such as medical bills or lost wages
Because property owners can fix hazardous conditions such as burned-out lights in minutes, immediately documenting the scene is critical to preserving the evidence needed to prove your claim.

The New Hampshire rules that can affect your case

New Hampshire follows a modified comparative fault system, which means if you share some responsibility for the accident, it can proportionally reduce your total compensation. Furthermore, if a court determines you were 50% or more at fault, it would prevent you from recovering any damages. The state also imposes a deadline on personal injury claims. So, you must typically file your lawsuit within three years of the date of injury, and failing to meet this deadline could permanently eliminate your ability to seek compensation. It is also worth noting that New Hampshire does not have a specific statute governing lighting standards on private premises. Courts typically evaluate these cases under common law principles and may consider local building codes or municipal ordinances as evidence of what a reasonable lighting standard should look like in a given setting.]]> On Behalf of Newborn Law, PLLC <![CDATA[Fatal car accident rates are highest for teen drivers]]> https://www.newbornlaw.com/?p=46775 2026-03-25T18:01:07Z 2026-03-25T18:01:07Z There are many ways to look at car accident statistics. These can help identify which drivers are at the greatest risk. For example, fatal car accidents are more likely for male drivers than for female drivers. Another factor to consider is age. As reported by the Centers for Disease Control and Prevention, teenage drivers have a higher fatal accident rate than any other age group. What makes them especially problematic, even though they make up a very small percentage of drivers on the road?

Inexperience and mistakes

The root issue is that young drivers are inexperienced. This may mean that they react more slowly to challenging road conditions. It can also lead to avoidable mistakes as they learn how to drive and improve their skills.  For example, young drivers sometimes do not understand what a safe following distance looks like. Rather than leaving three to four seconds between vehicles, they may leave only one to two seconds. Another example is that teen drivers sometimes engage in reckless behavior, such as speeding or unsafe passing. They can also get easily distracted by passengers, infotainment systems and their phones.  They may know that this behavior is dangerous and, in some cases, prohibited, but they do not fully appreciate the increased accident risks in the same way an older driver might. Statistics tend to show that drivers cause accidents at a much lower rate in their 20s and 30s. The simple reason for this is that these drivers are more experienced and have been behind the wheel for years or even decades.

Seeking financial compensation

Gaining experience can help drivers become safer over time, but people can still be injured in car accidents caused by teen drivers. If this happens, it is important to understand what legal steps to take to seek appropriate financial compensation.]]> On Behalf of Newborn Law, PLLC <![CDATA[What evidence do courts use for motor vehicle accidents?]]> https://www.newbornlaw.com/?p=46777 2026-03-19T08:52:37Z 2026-03-24T08:51:49Z What proof does the court consider in New Hampshire? New Hampshire follows tort law, which means that if you are found to be at fault for a motor vehicle accident, you are responsible for paying any damages you cause. Typically, at-fault drivers accomplish this through their insurance companies, which pay in their stead. However, to determine who is responsible for an accident, you must prove the negligent party is at fault. To accomplish this, courts require evidence to help them determine the cause of the accident, as well as how responsible each person involved in an accident is. Some examples o the evidence courts consider include:
  • Witness testimonies: Accounts and testimonies from those present during the scene of the accident.
  • Scene documentation: Photographs, videos and surveillance footage of the accident to help courts piece the accident together.
  • Other details: The name of the drivers, the license plate numbers, the location, the time and date of the accident.
  • Medical records: Hospital bills, receipts and records from doctors to prove the causes and severity of any injuries. Similarly, it may be important to present vehicle repair bills.
  • Official reports: Reports from third parties such as the police. New Hampshire requires drivers to report qualifying crashes to law enforcement. While a report does not decide fault by itself, it can support timelines, locations and early statements.
It is also worth mentioning that New Hampshire follows a modified comparative fault system. Parties in an accident who are partially at fault have their compensation reduced by a percentage equal to their level of fault. For example, if you are 30% responsible for an accident, you receive 30% less compensation. Bear in mind that those found to be more than 50% at fault for an accident cannot recover any compensation from other parties.

What is the importance of evidence?

Without evidence, you may struggle to prove who is at fault in an accident, potentially barring you from receiving damages from the one responsible. It is important to gather proof in a quick and timely manner, not just because evidence tends to vanish or witnesses forget, but because there is a deadline. If you suffer injuries due to a motor vehicle accident in New Hampshire, there is a three-year statute of limitations. This means you have three years from the date of the accident to file a personal injury lawsuit. Whether it be emotionally or financially, accidents can be difficult to recover from. Stress can compound without financial compensation because medical bills are often expensive, as is paying for automobile repairs. By knowing which evidence to present to court, you can strengthen your car accident case and potentially receive financial reimbursement, granting you some peace of mind as you focus on recovery.]]>