it’s imperative that you understand Modified Comparative Negligence in New Hampshire. Imagine you’ve been involved in an accident that wasn’t entirely your fault. You’ve sustained injuries and incurred significant medical expenses. However, you find out that your own actions contributed to the accident, which complicates your pursuit of compensation. In New Hampshire, the principle of modified comparative negligence plays a key role in determining how much you can recover for your damages, especially if you share some degree of fault. https://law.justia.com/codes/new-hampshire/title-lii/chapter-507/section-507-7-d/
Key Factors of The New Hampshire 51% Bar Rule
In New Hampshire, the NH Modified Comparative Fault Rule means that your recovery is affected by the percentage of fault assigned to you. Here are some essential factors that come into play:
- Fault Assignment: New Hampshire 51% Bar Rule: If you are found to be 51% or more at fault for the accident, you cannot recover any damages. In your case, being assigned 36% fault allows you to recover a portion of your damages.
- Total Damages: The total amount of damages you suffer is crucial. In your scenario, the estimated damages are $100,000. This figure encompasses medical bills, lost wages, and other related expenses.
- Recovery Calculation: Your percentage of fault directly reduces the amount you can claim. For example, with 36% fault, you can recover 64% of your damages, which in this case amounts to $64,000.
What Insurance Companies Often Do in These Cases. NH Modified Fault Law
Insurance companies actively employ tactics to reduce the amount they pay out. Here’s what you might encounter:
- Disputing Fault: Additionally, insurers may argue that you were more at fault than the assigned percentage. They may present evidence to support their claims, hoping to reduce your payout further.
- Lowball Offers: Unfortunately, initially, you might receive a settlement offer that doesn’t accurately reflect your damages.This is often a strategy to settle quickly and cheaply.
- Delay Tactics: Some insurance companies may delay the claims process, hoping you’ll accept a lower offer out of frustration or financial pressure. https://www.findlaw.com/state/new-hampshire-law/new-hampshire-negligence-laws.html
Why Legal Representation Changes the Outcome
Importantly, having an experienced personal injury attorney can significantly impact the outcome of your claim. Here’s how:
- Understanding the Law: An attorney who understands New Hampshire’s modified comparative negligence laws will handle your case correctly. The attorney will advocate for you and present strong evidence to support your claim.
- Negotiation Skills: Attorneys handle negotiations effectively.They can engage with insurance companies to secure a fair settlement, countering any tactics the insurers use to diminish your claim.
- Litigation Experience: Furthermore, if negotiations fail to produce a fair settlement, your lawyer will file a lawsuit and take your case to court. This action often prompts insurers to take your claim seriously and present a more reasonable settlement offer.
At Legal Rights Advocates, Inc., we understand the complexities of personal injury claims under the Modified Comparative Negligence in New Hampshire rule. Anotherwords, if you’re unsure about your rights or how much compensation you can recover, don’t hesitate to reach out. Attorney Scott F. Bocchio is ready to guide you through the process and help you pursue the justice you deserve. Call us at (855) 254-7841 or click here for a free consultation.
This article is for educational purposes only and does not constitute legal advice. Every case is unique. Consult a licensed personal injury attorney to evaluate your specific claim.
