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New Hampshire
Personal
Injury Law
The following summary of New Hampshire personal injury laws and
theories of liability will help give you a better understanding of the important aspects of
injury claims in this state.
New Hampshire Statute of Limitations:
For general personal injury, the statute of limitations is 3 years.
Medical
Malpractice: 2 years and if it is due to a foreign object,
the law in New Hampshire states that it is 2 years, although this law
has been held unconstitutional in certain circumstances, in which case
the time period is extended to 3 years.
Products
Liability: 3 years up to 12 years maximum from date of
discovery.
Wrongful
Death: 3 years
Intentional
Torts: 3 years
Caps on Personal Injury Awards in New Hampshire:
Non-economic damages in personal injury cases are limited to $875,000
per occurrence.
New Hampshire Serious Injury Threshold:
There is no serious injury threshold in New Hampshire.
New Hampshire
is a Fault state and follows the modified comparative
fault – 51% rule meaning that a party must be no more than 50% at fault
in order to recover for a personal injury accident.
Types of Personal Injury Claims &
Theories of Liability in New Hampshire:
Wrongful
Death Cases: When a party is negligent and it results in the
death of another, the negligent party will be liable for
wrongful death of the victim even if the conduct was not intentional.
Medical Malpractice Case:
A doctor, nurse or hospital can be held responsible for any serious
injuries that a patient suffers if they failed to exercise that degree
of care and skill required of a professional medical provider.
Slip and
Fall Accidents: If an individual is injured on property that
is either owned or operated by another, the property owner may be
liable for the injury for those conditions that he knew or
should have known about.
Auto
Accident Claims: If a driver is negligent and causes an
accident due to his/her conduct he will be liable for any injuries or
property damage that result. Since New Hampshire follows
modified comparative negligence – 51% theory, a party can only be up to
50% at fault in order to recover.
Product
Liability Lawsuits: When a product is placed in the stream of
commerce with a faulty design, manufacture or distribution and the
result is serious injury or death, the manufacturer or distributor is
usually strictly liable to the injured party under this theory.
Workers'
Compensation Laws: New Hampshire requires employers in the
state to carry workers compensation insurance. Therefore, if an
employee is injured in the scope of employment, the employer will be
responsible for compensating the injured party for his injury.
Attorneys are limited to a 20% contingency fee recovery.
For More
Information Check out these sites:
Official
New Hampshire State Website
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