What Is Modified Comparative Negligence in New Hampshire?
When you file a personal injury lawsuit, the goal is to prove that the defendant’s “negligence” caused your injuries. Negligence is a complex and multifaceted concept, and many people could be to blame for the same accident. When approaching these complex situations, it makes sense to compare different parties and determine how each one contributed to the accident. This system is called “comparative negligence.” If you’d like to learn more about how it works, contact an experienced personal injury attorney in New Hampshire.
Comparative Negligence Allows You to Sue for Injuries You Partially Caused
Under the doctrine of comparative negligence, victims can file personal injury lawsuits even if they are partially responsible for their accidents. The State of New Hampshire is of the opinion that injured victims shouldn’t lose the right to sue simply because they made a relatively small mistake leading up to their accidents.
Comparative negligence also allows you to name numerous defendants in your lawsuit. For example, you might have been struck by a speeding semi-truck. If the semi-truck veered out of its lane to avoid a drunk driver before striking you, you could theoretically sue both the trucking company and the drunk driver. When filing a lawsuit of this nature, the court might determine the degree of fault for each defendant. For example, the drunk driver and the trucker might have each been 50% at fault.
What Does It Mean When Comparative Negligence Is “Modified”
There are two types of comparative negligence. The first is “pure” comparative negligence, and the second is “modified” comparative negligence. Pure comparative negligence means that even someone who is mostly to blame for their own accident can still sue. For example, you might be 75% to blame. Under a pure comparative negligence system, you could sue someone who was 25% to blame for the accident.
New Hampshire is not a pure comparative negligence state. Instead, it follows a system of modified comparative negligence. Under this system, you are not able to recover if you were the main cause of the accident. In other words, 51% fault bars you from compensation.
Can a New Hampshire Personal Injury Attorney Help Me?
A New Hampshire personal injury attorney may be able to help you understand important concepts like modified comparative negligence. An experienced injury attorney can also help you understand many other concepts related to personal injury law. Continue this conversation by contacting Manning Zimmerman & Oliveira PLLC today.
Sources:
pro.bloomberglaw.com/insights/litigation/contributory-and-comparative-negligence-by-state/
nhmunicipal.org/court-update/court-clarifies-complex-statutes-governing-comparative-negligence-cases-multiple
