What is comparative negligence and how does it affect my case?

In New Hampshire, comparative negligence is the legal doctrine used to determine liability in a personal injury case. Comparative negligence looks at the fault of each person in an accident to determine how much compensation or damages they should receive. In a personal injury case, the plaintiff must prove that the defendant is responsible for their injuries. The comparative negligence system allows for damages to be assigned based on each person’s degree of fault in the accident. In some states, if a plaintiff is found to be partially responsible for the accident, then they are barred from filing a personal injury case. However, in New Hampshire, the doctrine of comparative negligence allows a plaintiff to still recover damages, even if they are found to be partially at fault. The amount of compensation that the plaintiff can receive is then reduced by the amount of fault the plaintiff is found to have. For example, if a court finds that the plaintiff is 25% at fault for an accident, then the plaintiff can only recover 75% of the total damages. This means that if the court awards a total of $10,000 in damages, then the plaintiff would only be able to recover $7,500. So, in New Hampshire, comparative negligence affects personal injury cases by determining how much compensation the plaintiff can receive, depending on how much fault they are found to have in an accident. This helps to ensure that plaintiffs who are partially responsible for an accident are not unfairly penalized.

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