In New Hampshire, there exists statutory immunity for all government units from liability for personal injury and bodily injury except for in limited circumstances. If you are injured due to a governmental unit's ownership, maintenance, use or operation of a motor vehicle or premises, you are entitled to sue for compensation for your injuries. If, however, you are injured due to the negligence of a government employee that is not directly related to an automobile or premises, the governmental unit is immune. This immunity has been upheld and entrenched in two recent New Hampshire Supreme Court opinions, Dichiara v. Sanborn Regional School District in November of 2013 (an injury during a high school baseball practice drill where negligence of the coach was alleged), and Huckins v. McSweeney on April 11, 2014 (police officer injured plaintiff while using a stun gun). The court upheld the constitutionality of the immunity statute, as well as its broad application to all injury cases except those with a clear nexus between the injury and an automobile or building / premises. In some cases, federal court remedies may be available to plaintiffs, however it is clear that pure tort negligence claims against governmental units in this state will be very difficult to prosecute and survive a Motion to Dismiss.
If you have been injured in an accident that was the fault of another, you may be considering hiring an attorney to represent you and to protect your legal rights. While you have many choices, who you select to represent you is a critically important decision. Many lawyers advertise that they handle personal injury cases, however their levels of expertise and experience, not to mention their abilities in the courtroom and reputations among insurance companies vary widely. Virtually all personal injury attorneys work on a contingent fee basis, which means you pay the same percentage regardless of which attorney you select. In such a case, why not choose the attorney with the best education and most experience to represent you? In reading attorney websites, do not be distracted by glitzy advertising slogans or boasts of "awards" which are usually a matter of that attorney advertising with the company handing out the awards. Rather, look closely at their education, years of experience, settlement and trial history, and breadth of practice through the years. If you were injured in an accident, Attorney Peter Hutchins stands ready and willing to listen, and to help. He has 31 years experience in New Hampshire courts, has tried over 60 cases to successful verdicts including his latest in December of 2013, is a New Hampshire native, and has settled hundreds of personal injury cases over the years without the need to go to court.