Legal Question in Personal Injury in New Hampshire

Recovery of legal defense fees

All members of a small group (less than 12) were sued by an individual over ownership/access to docks. The group pooled financial resources and shared legal costs of defending against the lawsuit. We won. Can we individually take the person who sued us to NH small claims court to individually recover our share of legal fees to successfully defend ourselves? Total legal costs exceed the NH $5000 small claims limit, hence individual small claim actions.


Asked on 2/25/04, 7:30 pm

1 Answer from Attorneys
Roy Weddleton Granite Law

Re: Recovery of legal defense fees

Generally, you cannot recover legal costs from the other side. The exceptions are if you sued under a statute that provided for legal fees; you had a contract that said the losing side pays the winning side legal costs; or for some reason the Court found that the action was totally frivolous, attorney's fees could be awarded. Just because you won, does not mean the case was frivolous.

Read more
Answered on 2/26/04, 8:38 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New Hampshire