Filing a personal injury lawsuit in New Hampshire is more complicated than you think. People suffer injuries in accidents all the time, but when someone else is responsible for these injuries, victims may claim compensation. Accidents are rarely black and white, and more often than not, two parties share the blame for the same mishap. If you have such a case, consider talking to an injury lawyer in New Hampshire without delay. Rules concerning comparative negligence are often very unique, and in this post, we are discussing how things work in the state.
The Modified Comparative Negligence Rule
Some states allow victims to recover a settlement, provided they have evidence, even when they are more at fault. This is the pure comparative negligence rule, and states like California follow that norm. However, New Hampshire follows what is called the modified comparative negligence rule. If you were injured in an accident where you are more at fault than the other party, you cannot recover anything. This is also known as the 51% rule. What also matters as much is your proportion of fault, which will determine your compensation.
Understanding the comparative negligence rule
Let’s assume that you were injured in a slip-and-fall accident. If you injured yourself on someone’s property, you might have a premises liability lawsuit. However, if the defendant says that you failed to take action because you were busy on your phone, your case may not be as strong as you think. If you were found to be 20% at fault and were given $50,000 in a settlement, you won’t recover the entire money but just $40,000 because of your share in the fault. Similarly, if you were injured in a car accident and the other party fell asleep behind the wheel, you may have a claim, but it also depends on whether you were at fault.
Get an attorney
Law firms in New Hampshire take personal injury lawsuits on a contingency fee. In other words, the lawyer only gets paid when you win. As such, it is easier to seek legal help, and it doesn’t have to cost a fortune. For instance, if your lawyer asks for 30% of your settlement and you receive $100,000 in compensation, you will only get $70,000. Keep in mind that hiring an injury lawyer can get you a fair outcome, which would be different otherwise, as insurance companies or the at-fault party will try to pin the blame on you!