How does the court determine liability in a spinal injury case?
In New Hampshire, the court will determine liability in a spinal injury case based on what is known as the "comparative fault" system. This system requires the court to identify who was at fault for the injury, then assign a percentage of fault to each party. The court will consider all factors, including any prior medical history, the circumstances of the accident, and the type of injury that was sustained. If the court finds that the injury was caused by the actions of one party identified as liable, then the court will assign that party a percentage of fault. This percentage of fault may be based on how much of the injury was caused by the actions of that party in comparison to the actions of any other parties involved. For example, if the court found that a driver was speeding, but a passenger was not wearing a seatbelt, then the court may assign the driver 90% of the fault and the passenger 10%. In some cases, the court may assign multiple parties a percentage of fault. In these cases, each party will be responsible for paying a percentage of damages that is equal to the percentage of fault assigned to them by the court. Once the court has assigned fault and damages, it will then be up to each party to determine how they will pay the damages they are responsible for. If one of the parties does not pay their share, the court can take further action to ensure the debt is repaid.
Related FAQs
What are the most common types of spinal injuries?How likely is it that I will get a settlement in my spinal injury case?
Is it possible to file a spinal injury claim without a lawyer?
What is needed to prove liability in a spinal injury case?
What are the common treatments for spinal injury victims?
Are there any special considerations when choosing a lawyer for a spinal injury case?
What are the factors the court will consider when determining a spinal injury case?
What types of evidence are necessary to prove a spinal injury claim?
What is the average amount of compensation awarded in spinal injury cases?
What types of damages are available in a spinal injury lawsuit?
Related Blog Posts
What to Know Before You File a Spinal Injury Lawsuit - July 31, 2023How to Assess the Severity of Your Spinal Injury - August 7, 2023
Understanding the Cost of Filing a Spinal Injury Lawsuit - August 14, 2023
Steps to Take if You Suffer a Spinal Injury - August 21, 2023
Overview of Spinal Injury Law: What You Need to Know - August 28, 2023