The Demand and the First Offer
Most New Hampshire injury claims resolve through negotiation rather than trial. The process typically begins after you have finished treatment or reached a stable medical point, when your attorney sends a demand letter laying out the facts, the liability, the injuries, and the damages, supported by medical records and documentation of your losses.
The insurer's first response is almost always a low offer. This is expected — it is an opening position, not a final word. Claimants who do not understand this sometimes accept early offers that are a fraction of their claim's value, then learn too late that the release they signed ended the matter.
The Back-and-Forth
Negotiation proceeds through rounds of counteroffers, each supported by argument and evidence. Your attorney presses the strengths of your claim — clear liability, serious injuries, strong documentation — while the insurer probes for weaknesses, including any comparative fault argument that could reduce your recovery under New Hampshire law.
Patience and preparation drive results. An insurer that believes a claimant is informed, well-documented, and willing to file suit if necessary tends to offer more than one that senses the claimant is anxious to settle at any price.
When Litigation Becomes Leverage
If negotiation stalls, filing a lawsuit often changes the dynamic. It signals seriousness, opens formal discovery, and sets a trial date that focuses the insurer's attention. Most cases still settle after suit is filed, but the credible willingness to take a case to a New Hampshire jury is frequently what produces a fair number.
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This article is general information, not legal advice. For guidance on your specific situation, get a free, confidential case review. You pay nothing unless you win.
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