New Hampshire has specific rules that may affect your personal injury case. Understanding these rules could determine the amount of damages you are entitled to collect. The following are some important New Hampshire personal injury laws.
Deadlines in Personal Injury Cases- The state of New Hampshire has a strict deadline of three years to file a personal injury claim. Failure to file within this statute of limitations may forfeit your right to bring the matter to court at all. This deadline extends from the date of the accident. For this reason it is important to retain counsel as soon as humanly possible.
Shared Fault- In cases where the plaintiff has been found to be partially at fault for an accident, New Hampshire applies a comparative fault rule. This means that damages awarded to the plaintiff are reduced by a percentage equal to their fault in the accident. These rules are always applied in New Hampshire courts, but may also come into play if the matter is handled through an insurance adjuster.
Damage Caps- New Hampshire abolished caps on non-economic damages in 2012. This means that there is no theoretical limit to the amount an injured party can collect in a personal injury lawsuit for pain and suffering.
Claims Against the Government- Filing a claim against any New Hampshire government entity has different rules than a claim against a private citizen or corporation. While you still have three years to file a claim, a separate formal injury report must be filed in the county in which the accident occured within 180 days of the accident. The state of New Hampshire limits the type of claims that can be filed against the government. It is important to speak to your attorney to help you navigate the complexities of the New Hampshire system.
Strict Liability in Dog Bite Cases- In New Hampshire, the owner of an animal is liable for any injuries caused by that animal, regardless of the animal’s past behavior. This applies in all cases in which the animal attacks without being provoked.
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