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.
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