Portsmouth Personal Injury
Portsmouth is a city in Rockingham County with a population of slightly over 20,000 people. A historic seaport and popular summer tourist destination, Portsmouth offers a number of attractions, such as the Portsmouth Bridge, the Strawbery Banke Museum, the Market Square, Discover Portsmouth, and Prescott Park. However, both residents and tourists in the area fall victim to accidents in unexpected situations, whether they are struck by a careless driver or fall on a wet floor in a restaurant. If you or someone close to you has been injured in an accident caused by someone else’s negligence, we can help. At Tenn And Tenn, P.A., our Portsmouth personal injury lawyers can meticulously analyze the circumstances surrounding your accident and provide you with an honest assessment of your claim. We are committed to helping our clients pursue the compensation that they deserve for their harm.Understanding the Process of Bringing a Personal Injury Claim
Personal injury law covers accidents in which someone is harmed because of someone else’s carelessness or intentional misconduct. Examples of these accidents include car crashes, medical malpractice, slip and falls, construction accidents, and issues involving defective products.
Most personal injury claims involve negligence. Negligence is a common-law concept that is applicable in situations in which a person’s failure to use reasonable care led to the injury or death of someone else. Reasonable care refers to the level of care that a prudent person would have used in the same situation. In New Hampshire, each of us has a duty to exercise reasonable care regarding foreseeable risks of harm that may arise from our conduct.
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.Discuss Your Case with a Personal Injury Lawyer in Portsmouth
If you have been injured in an accident that was not your fault, or if you have lost a loved one, it is important to have skilled legal representation on your side to help establish your case. At Tenn And Tenn, P.A., our personal injury and wrongful death attorneys can work diligently to help you seek the compensation that you need to move on with your life. With nearly two decades of experience, we understand how to protect your rights in New Hampshire personal injury cases. For more information, feel free to call us at 888-511-1010 or 603-624-3700. Alternatively, you can reach us through our website.