Navigating A Personal Injury Claim in Windham New Hampshire (NH)
Perhaps you were injured because of negligence from another party, then it is important for you to know that you may seek legal action. This is common, especially in accidents that may involve cars or trucks or even assault. Physical injury is not the only damage that can occur because of negligence. Negligence may also result in damages such as agony and misery, medical bills, loss of income, and emotional suffering.
If you want to file for a personal injury claim but you do not know where to start, then you should first begin by reaching out to our experienced personal injury lawyers in Windham New Hampshire (NH). In this post, we will look at the different personal injury cases and what you need to prove in this claim.
Types Of Personal Injury Cases.
There are many ways in which personal injury cases could occur these include;
- Motor vehicle accidents which are accidents that involve cars, motorcycles, or trucks. Sometimes, they can also include bicycle and boats accidents.
- Accidents that occur in the workplace these includes slips and falls and even toxic gases or chemicals.
- Medical negligence includes errors during surgery, faulty medication or medical devices and misdiagnosis
- Wrongful death, which is where death occurs because of negligence
The Importance of Negligence in A Personal Injury Claim
Proving that negligence occurred in personal injury claim is very important to the entire case. Negligence typically occurs when duty of care is ignored. Thus, this means that the other party acts carelessly or simply ignore their duty of care, which ultimately results in injury.
What Does One Need to Prove in A Personal Injury Claim?
The law of New Hampshire states, during a personal injury claim, one must prove that negligence occurred, meaning that duty of care was ignored. The complainant must also further prove that the behavior of the defendant directly resulted in the complainant’s injuries. Lastly, the state demands that the complainant prove they suffered injuries.
After How Long Can I File for An Injury Claim?
According to the law in Windham, New Hampshire, one has 3 years from the date that the accident occurred to file for a claim otherwise, the claim cannot be considered. This applies to claims for disability, medical or even death benefits. Thus, ensure that your claim is made before the three years, otherwise the courts may decide to refuse to listen to your claim or they may even dismiss it.
The Rule on Shared Fault
In certain situations, the court may find that in a personal injury claim, both parties may be liable for the injury caused. This simply means that they held both the plaintiff and the defendant responsible for the injury. The state of New Hampshire has a rule in place referred to as the modified comparative fault.
This means that the number of damages that the plaintiff can collect is determined by how much he or she is found to be at fault for the injury. Furthermore, it is important to state that this rule only applies if the plaintiff is not found to be 51% more at fault, if the plaintiff is found to be more at fault compared to the other party, the plaintiff will not receive any damages.
If you would like to learn more about Personal injuries claims in the state of New Hampshire or perhaps you would like to file a claim, it is important to consult with qualified personal injury lawyers in Windham New Hampshire from Cohen & Winters PLLC who can provide you with more information on these claims. The experienced attorney will also guide you throughout filing for a personal injury claim. Contact us here or call us at (603) 945-8420 for a free consultation.