If you experience a car accident and suffer injuries because of someone else’s negligence, it helps to know what your rights are to file a claim and pursue compensation. Unfortunately, a few situations can make it challenging for you to move forward. If you have a clear understanding of what comes next, you can safeguard your rights to pursue justice.
At Upton & Hatfield, LLP, we are committed to helping you recognize what rights you have. Below, we’ll explain New Hampshire’s laws and the various ways car accident victims can file a claim or a lawsuit in the most effective manner possible.
Here are a few of the things you’ll learn:
New Hampshire’s comparative fault laws
Statute of limitations
Compensation you may recover
Steps to take to protect your rights
If you suffer an injury because of someone else’s negligence, call our firm at (603) 716-9777 today.
New Hampshire’s Comparative Fault Laws
New Hampshire is an at-fault state, meaning when an accident occurs, you as the injured party can hold someone else liable for their negligence in causing the accident. You go through the at-fault person’s insurance provider to pursue compensation. However, some cases may call into question the percentage of the accident for which you are responsible.
In cases where you and the other driver share a portion of the blame, New Hampshire law relies on a modified comparative negligence rule. This rule allows you to recover compensation still, but the amount you recover may be less if you hold some share of the fault. If your percentage of the liability is greater than the other party, you may not recover anything.
With comparative negligence, your share of the fault reduces your recovery by a specific percentage. For instance, if your award is $100,000, but your share of the fault is 20%, you lose out on $20,000 and receive $80,000 instead.
Statute of Limitations
While you want to work as quickly as possible after a crash, the state of New Hampshire does afford a three-year statute of limitations. According to the laws, you have three years from your car accident date to move forward with a lawsuit. However, because this is a vulnerable situation for you, it helps to start your claim as soon as possible.
Compensation You May Recover
Compensation is vital following a car accident, and you must ensure you account for all losses that you experience. The compensation you may recover falls into two main categories: economic and non-economic damages.
Economic damages: This type of compensation covers your economic losses, including medical bills, property damage, lost income, ongoing care, and more.
Non-economic damages: This type of compensation covers your pain and suffering, including the impact on your quality of life.
Steps to Take to Protect Your Rights
After a car accident, it helps to take various steps to protect your rights to file a claim. These steps can help you obtain evidence, vital information, and more, giving you, your insurance provider, and your legal team the tools necessary to pursue compensation.
Get information from all drivers involved
Report the accident to your insurance provider and local law enforcement
Take photos of the accident scene, the vehicles, and your injuries
Speak with witnesses and obtain their contact information
Seek medical care from either an EMT at the scene or in a hospital
Call a lawyer to discuss the most effective options to obtain compensation
Our New Hampshire car accident attorneys at Upton & Hatfield, LLP are here to help you. Let us be your guide and your voice against negligence. We’ll be there for you every step of the way with your best interests in mind.
Call our firm today at (603) 716-9777 for a free consultation to discuss your rights to pursue justice and compensation.