Making a claim against the defendant may take an emotional toll on you. It is often found that the defendant will have a side to their argument that results in blaming you for your accident. You must have a counter argument. It seems simple enough, but without the right preparation, you can see the compensation you are seeking slip away.
Fault can be shared. According to New Hampshire Revised Statutes Annotated section 507:7-d, the injured person may be able to receive compensation even if they themselves were partly responsible for their accident. Meaning that, “such fault was not greater than the fault of the defendant, or the defendants in the aggregate if recovery is allowed against more than one defendant, but the damages awarded shall be diminished in proportion to the amount of fault attributed to the plaintiff by general verdict.” Whoever was at fault more, the other will receive compensation, based on the amount they were not at fault.
You can make this case, however, if you are more at fault for you accident that the defendant, you won’t be receiving any sort of compensation.
The defendant will make cases against you. Here are some common arguments:
- In a commercial setting, you were where you were not permitted
- You were not paying attention (you might have been checking a text message)
- The dangerous area was clearly marked or taped off
These arguments seem valid. That is why it is so important that you talk to one of our lawyers today before beginning your case.
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