Fault is an important factor to consider in any personal injury case. If a driver sped through a red light and collided with another vehicle, the driver may be at fault for the other person’s injuries and losses. A doctor may be at fault for a surgical error that caused harm to a patient. A dog owner may be held liable for allowing their dog to bite someone.
A victim of a personal injury often needs strong supporting evidence to prove that another person was at fault for their injuries and losses, such as medical records, police reports and video recordings. However, a victim could be partially at-fault for their injuries. Does this mean the victim will lose the right to compensation?
If a victim is partially at-fault, they can still recover compensation based on New Hampshire’s modified comparative fault laws. Here is what you should know:
How does modified comparative fault impact your case?
Modified comparative fault means that a victim of a personal injury may still be entitled to compensation even if they are partially at fault. However, the percentage of fault can determine how much a victim can recover from a personal injury case.
Any amount of fault can reduce the victim’s total compensation. For example, if a victim was 20% at fault for a car accident because they were texting at a red light before the accident, then they could still be entitled to 80% of the compensation. If a victim is more than 50% at fault for their injuries, then they may not be able to recover compensation.
It is in the best interests of victims to learn about fault when filing a personal injury claim. Professional legal guidance can help victims recover the compensation they are due.
