If you are involved in a personal injury case in New Hampshire, you may have heard the term "comparative negligence" thrown around. This legal concept plays a significant role in determining who is responsible for an injury and how much compensation is awarded. Here’s what you need to know about comparative negligence in New Hampshire personal injury cases.
Table of Contents
What is Comparative Negligence?
Comparative negligence is a legal theory that assigns a degree of fault to all parties involved in an accident or injury. This degree of fault is usually expressed as a percentage, and it reflects how much each party contributed to the accident. In most cases, a jury or judge will determine each party’s degree of negligence based on the evidence presented, including witness testimony, police reports, and expert analysis.
Under New Hampshire law, plaintiffs can still recover damages in a personal injury case even if they were partially at fault for the accident. However, their total award will be reduced by their percentage of fault. For example, if a plaintiff is deemed to be 25% at fault for an injury, their award will be reduced by 25%.
Types of Comparative Negligence
There are two common types of comparative negligence used in personal injury cases: pure comparative negligence and modified comparative negligence.
Pure Comparative Negligence
In a pure comparative negligence system, a plaintiff can recover damages even if they were 99% at fault for the accident. However, their award will be reduced by their percentage of fault. For example, if a plaintiff is deemed to be 75% at fault for an injury, they will only receive 25% of their total damages.
Modified Comparative Negligence
In a modified comparative negligence system, there is a threshold at which a plaintiff is no longer entitled to recover damages. This threshold is usually set at 50% or 51%. If a plaintiff is deemed to be more than 50% at fault, they will not receive any compensation for their injuries. If they are deemed to be 50% or less at fault, their award will be reduced by their percentage of fault.
New Hampshire uses a modified comparative negligence system with a 51% threshold. If a plaintiff is deemed to be 51% or more at fault for their injuries, they will not receive any compensation.
Implications of Comparative Negligence
Comparative negligence can have a significant impact on the outcome of a personal injury case. For plaintiffs, it means that they may still be able to recover damages even if they were partially at fault for their injuries. However, their total award will be reduced by their degree of fault.
For defendants, comparative negligence can limit their liability for an injury. If a plaintiff is deemed to be partially at fault for an accident, the defendant will only be responsible for the portion of damages that they are deemed to have caused. This can significantly reduce the amount of compensation that a defendant is required to pay.
Examples of Comparative Negligence in Action
Here are some examples of how comparative negligence might work in a personal injury case:
Example 1
A pedestrian is hit by a car while crossing the street. The pedestrian was looking at their phone and did not see the car approaching. The driver of the car was speeding and did not have time to stop before hitting the pedestrian.
In this case, a jury might assign 70% of the fault to the driver and 30% to the pedestrian. If the pedestrian’s total damages were $100,000, their award would be reduced by 30%, leaving them with $70,000.
Example 2
A motorcyclist crashes into the back of a car while driving on the highway. The motorcyclist was not wearing a helmet, and the car driver was texting while driving.
In this case, a jury might assign 60% of the fault to the motorcyclist and 40% to the car driver. If the motorcyclist’s total damages were $50,000, their award would be reduced by 60%, leaving them with $20,000.
Conclusion
Understanding comparative negligence is essential if you are involved in a personal injury case in New Hampshire. If you have been injured in an accident, it’s important to work with an experienced personal injury attorney who can help you navigate the legal system and ensure that your rights are protected. With the right legal representation, you can receive the compensation you deserve for your injuries and damages.