What Is Comparative Negligence in New Hampshire Personal Injury Law?

If you’re here, it’s likely that you or someone close to you has been hurt in an accident. You may be feeling overwhelmed, unsure, and worried about what comes next. You might be asking yourself whether you can get help for medical bills, lost time at work, or pain that still hasn’t gone away. And most of all, you might be wondering if you even have a case. That’s where we come in. We understand how tough this time can be, and we’re here to help guide you through it.

Understanding how New Hampshire law works is important, especially when it comes to personal injury cases. One part of the law that matters a lot is something called comparative negligence. This law decides how much money a person can get after an accident if they were also partly to blame for what happened. It might sound confusing, but we’re going to explain it clearly and simply so you can better understand your rights and what may happen in your case.

What Does Comparative Negligence Mean

Comparative negligence is a rule used in New Hampshire to figure out who is responsible for an accident and how much they should pay. In many cases, more than one person shares the blame. For example, maybe you were hit by a car while crossing the street, but you stepped into the road before the light changed. Maybe the driver was speeding, but you were not in the crosswalk. This law looks at both sides and tries to decide how much of the accident was each person’s fault.

If you were partly at fault for the accident, it doesn’t always mean you can’t recover money for your injuries. New Hampshire uses a type of comparative negligence called “modified comparative negligence.” This rule lets you still get money as long as you were not more than 50 percent at fault. That means if someone else was mostly to blame, you can still win your case. But if you were more to blame than the other person, the law says you cannot get anything at all.

How Fault Affects What You Get

Let’s say you were in a car crash and the total cost of your injuries and damage is one hundred thousand dollars. If the court finds that you were 30 percent at fault and the other driver was 70 percent at fault, you would still be able to get some money. But it wouldn’t be the full one hundred thousand dollars. Because you were 30 percent to blame, the money would be reduced by that amount. So instead of getting one hundred thousand, you would get seventy thousand.

This system is designed to be fair. It allows people to recover money even if they made a mistake. But it also holds everyone accountable for their actions. That’s why it’s so important to have someone who knows how to prove what really happened and show that the other person was more responsible. Insurance companies will often try to say you were mostly at fault, even when you weren’t. That way, they don’t have to pay as much or anything at all.

Common Personal Injury Cases Where This Law Matters

Comparative negligence can be a big factor in many different types of accidents. Car crashes are one of the most common situations. Maybe two cars hit each other, and both drivers were doing something wrong. One may have been speeding while the other was texting. The court would look at everything and decide who was more to blame.

Slip and fall accidents are another common case. Maybe someone slipped on a wet floor at a grocery store. If the store didn’t clean it up or warn people, they might be at fault. But if the person who fell was running or not looking where they were going, their actions would also be considered.

Dog bites, bike accidents, and workplace injuries can also involve shared blame. Every case is different, and the facts matter. That’s why it’s important to act quickly, gather evidence, and talk to a legal team who can help make sense of what happened.

Why Time Matters In These Cases

In New Hampshire, there is a time limit for when you can file a personal injury claim. This is called the statute of limitations. For most personal injury cases, you have three years from the date of the accident to start your case. If you wait too long, you might lose the chance to recover any money at all. That’s why it’s important to act quickly, even if you’re still healing or unsure if you have a case.

The sooner someone starts looking into your case, the easier it will be to gather evidence. Witnesses may remember more details, and records will be easier to find. Waiting too long can make it harder to prove what really happened, and that can hurt your chances in court.

How a Legal Team Can Help You With Comparative Negligence

When you’re dealing with comparative negligence, things can get complicated fast. You may know you were hurt and that it wasn’t your fault, but proving that in court is not always easy. Insurance companies have teams of people who work hard to protect their money. They might try to twist the facts or say you were more at fault than you really were.

Having someone on your side who knows how to investigate accidents, talk to witnesses, gather medical records, and deal with insurance companies can make a big difference. They can help prove that the other side was mostly to blame and make sure your voice is heard. They can also fight to make sure the amount you receive is fair and covers all the harm you suffered.

Why Fault Percentages Are Not Always Fair

One of the hardest parts of comparative negligence is that it leaves a lot of room for argument. One side might say you were 40 percent at fault, and the other might say 60 percent. These numbers are not always based on simple facts. They can be shaped by how the case is presented, who the witnesses are, and what kind of evidence is found. That’s why it’s so important to be ready, stay organized, and have help from people who understand how these cases work.

Sometimes it may feel like the system is unfair. You may have been hurt badly, missed work, or even lost someone close to you. But because someone else is pointing the finger at you, the money you receive is cut. That’s why having someone fight for your side of the story is so important.

What To Do If You Think You Were Partly At Fault

If you’re not sure who was at fault in your accident, or if you think you might have done something wrong, don’t assume you don’t have a case. Many people make the mistake of thinking they can’t win if they did anything wrong at all. But under New Hampshire’s rules, you may still have a strong case.

The best thing to do is to talk with someone about what happened. Don’t wait or guess. You have a right to know what your options are, and you deserve to be treated with respect and care. Even if you were partly at fault, that does not mean you should suffer alone or pay for everything out of your own pocket.

Let Us Help You Get the Results You Deserve

You don’t have to go through this alone. If you’ve been hurt in an accident and are feeling unsure about your rights or your case, we are here for you. We will listen, answer your questions, and explain what you can expect. We take your worries seriously, and we are ready to help you build a strong case.

Whether you were in a car crash, slipped and fell, or were hurt another way, understanding how comparative negligence works can make all the difference. You need someone who will stand by you and work hard to show that you were not mostly to blame.

At Tenn And Tenn, PA, we care about helping people like you get through hard times. We’ve helped many clients win the money they deserve, and we are ready to help you too. Contact us today for a free consultation and let us take the next step with you.

To learn more about this subject click here: The Role of Expert Witnesses in New Hampshire Personal Injury Cases