Portsmouth Personal Injury Lawyers

For example, drivers have an obligation to obey traffic laws and drive safely. As a result, a driver who is excessively speeding and strikes a motorcycle would likely be liable for any resulting harm under the theory of negligence. This is because a driver using reasonable care would not engage in this behavior, understanding the risks involved and the importance of obeying traffic rules.

To win in a negligence claim, a personal injury attorney in the Portsmouth area must establish the following elements:

• The defendant owed a duty of care to the plaintiff;
• The defendant violated the duty of care owed to the plaintiff; and
• The defendant’s breach was a direct cause of the plaintiff’s injuries and damages.

New Hampshire follows the doctrine of modified comparative negligence, also known as the 51 percent rule, in which fault is apportioned between the parties to an accident. Under this rule, the plaintiff’s recovery will be reduced by their percentage of fault. For example, if the plaintiff is deemed to be 20 percent at fault, they will take home 80 percent of the total damages award. If the plaintiff, however, is found to be over 50 percent at fault, they will be barred from recovering any damages at all. Our Portsmouth personal injury attorneys can help our clients fight back against allegations of comparative fault.

In each state, personal injury claims must be filed within a certain time frame, and New Hampshire is no exception. When it comes to personal injury claims, a plaintiff has three years from the date of the accident to file a lawsuit in civil court. If you do not file your claim within the three-year deadline, the court will likely refuse to hear your case. In other words, if you miss the window to file your claim, you will likely be permanently barred from pursuing any legal action in the future.