Were you injured in a car accident in New Hampshire? Are you considering bringing a personal injury lawsuit against the at-fault party? That's an excellent idea, as the person responsible for your injury should pay for your medical bills and lost wages, pain, and suffering (or their insurance should). Don't just sit around and suffer without doing something about it because you don't want to be troublesome. You are entitled to compensation if the accident wasn't your fault. Go get a car accident attorney from a site like http://www.sarkisianfleming.com today and discuss your options.
When you make that call to the car accident attorney, however, keep these three New Hampshire-specific personal injury lawsuit rules in mind, so you know what to expect going into the case. Knowing the rules will eliminate nasty surprises for you along the way to your settlement.
1. You've Got to Bring Your Case to Court on Time
Most states have a statute of limitations for bringing personal injury lawsuits, and New Hampshire is no exception. If you don't get an attorney to file your suit with the court within a certain period of time, it is assumed the injury must not have been that bad, and you have lost your opportunity to sue the at-fault party.
In New Hampshire, you must file your lawsuit within three years of the injury. If you wait even one day longer than that, no court in the state will hear your case.
2. Know That New Hampshire Has Shared Fault Rules When it Comes to Personal Injury Lawsuits
Some states have no fault laws, where you will get paid for injuries or property damage sustained in a car accident no matter what. Either your insurance will pay you or the at-fault party's insurance will. In New Hampshire, there is something called a shared fault law.
According to AllLaw.com, the shared fault means that you will be paid based on how much of the accident was your fault. If the accident was, for example, 35 percent your fault and 65 percent the fault of the other person, the court will determine an overall value for your injury. It will then deduct 35 percent from that award, because that portion was your fault. You will get 65 percent of the value of the award.
You must be no more than 50 percent at fault for an accident in order to bring a personal injury lawsuit in New Hampshire under the shared fault law. If you are more than 50 percent at fault for the accident, you are not eligible to sue the other party. Your car accident attorney will help you determine your likely percentage of fault under New Hampshire law before taking the case.
3. There Are No Damage Caps in New Hampshire
A lot of states limit the amount of money you can collect for pain and suffering in personal injury lawsuits. This is meant to prevent extraordinarily high damage awards that may increase insurance rates across the state. There usually is no limit to the amount of money you can collect for medical bills and lost wages, however.
It is different in New Hampshire. The state motto is "Live Free or Die," and its government and residents take this statement seriously. The previous state cap of $875,000 was struck down as unconstitutional in 1991. That means there are no damage caps on how much you can collect for pain and suffering in a personal injury case in New Hampshire.
It isn't uncommon to be in a car accident. There are simply too many variables on the road to make any guarantees, no matter how careful of a driver you may be. Injuries are common in even the most minor car accidents. Even whiplash can be disabling for a while, sometimes months in certain extreme cases. Make sure you get the compensation that's coming to you. Contact a car accident attorney today to discuss your unique case.