Quick Answer: Can I Sue if Someone Else’s Negligence Caused My Injuries? Yes. You can sue for negligence in New Hampshire if someone’s careless actions caused your injuries.
You can sue someone if their negligence caused your injuries. In New Hampshire, a personal injury claim allows you to seek compensation when another person or company fails to act with reasonable care and causes harm.
To move forward with a claim, you must show that the other party’s actions led to your injuries and losses. This applies to many types of cases, including slip-and-falls, auto accidents, and other incidents where unsafe behavior causes harm.
A New Hampshire personal injury lawyer can review what happened, gather evidence, and build a case that connects the other party’s conduct to your injuries and damages.
Key Takeaways for Suing for Negligence
- Negligence is based on proving that another party failed to use reasonable care.
- A successful claim must show a direct link between the careless act and your injuries.
- New Hampshire’s comparative negligence rule can reduce your compensation if you share some fault.
- Potential compensation includes medical bills, lost income, and pain and suffering.
- Strict deadlines, known as the statute of limitations, limit how long you have to file a lawsuit.
The Four Elements of a Negligence Claim in New Hampshire
To bring a negligence claim in New Hampshire, you or your lawyer must show more than the fact that you were injured. You must prove that another person or company owed you a duty of care, failed to meet that duty, caused your injury, and left you with damages.
This applies whether your injury happened in a crash near Nashua or a slip-and-fall at a Manchester business. A New Hampshire personal injury attorney can gather the evidence needed to connect each part of the claim.
The four elements are:
- Duty of Care: You must show that the other party had a legal responsibility to act with reasonable care. Drivers, property owners, businesses, and other parties may owe this duty depending on the situation.
- Breach of Duty: You must show that the other party failed to act with reasonable care. Examples may include running a red light, ignoring a dangerous spill, or failing to fix a known hazard.
- Causation: It’s imperative that you can connect the careless action to your injury. In other words, your claim must show that the injury happened because of what the other party did or failed to do.
- Damages: Lastly, you must have suffered actual losses, including medical bills, lost wages, or pain and suffering. You may recover compensation to address these losses.
What Evidence Helps Prove Negligence?
Evidence like the police report, witness statements, and video footage helps prove that another party was negligent. A personal injury attorney can collect and preserve evidence before it becomes harder to find or disappears altogether.
Evidence that can strengthen a negligence claim includes:
- Accident and Police Reports: These reports can document the basic facts of the incident and may include observations, contributing factors, or citations.
- Photos and Videos: Images from the scene can show dangerous conditions, vehicle damage, visible injuries, or other details that may support your claim.
- Witness Statements: People who saw what happened may confirm key facts and support your version of events.
- Medical Records and Bills: Your medical records show your injuries, treatment, medical costs, and the connection between the accident and your harm.
How New Hampshire Laws Can Affect Your Personal Injury Claim
New Hampshire’s modified comparative negligence rule allows you to recover compensation even if you were partly at fault, as long as you were 50% or less to blame. However, your compensation is reduced by your share of fault.
For example, if you were found 10% responsible, you could still recover 90% of your total compensation. If you’re found 51% or more at fault, you cannot recover any compensation for your medical bills or other losses.
New Hampshire’s Filing Deadline for Negligence Claims
New Hampshire generally gives you three years from the date of the injury to file a personal injury lawsuit. If you miss this deadline, known as the statute of limitations, the court may dismiss your case, even if you have strong evidence.
Some exceptions may apply, but waiting too long to get started can put your claim at risk. The best way to protect your right to sue for negligence is to contact a New Hampshire personal injury attorney.
FAQs for Suing for Negligence
Can I Sue a Property Owner in New Hampshire for a Slip-and-Fall Accident?
You may be able to sue a property owner if their failure to maintain a safe environment caused a slip-and-fall injury. This area of law, known as premises liability, requires you to show the owner knew or should have known about a dangerous condition but did nothing to fix it.
Common dangerous conditions include wet floors, icy sidewalks, or broken stairs.
Can I Sue for Negligence if I Was Partially at Fault for My Injury?
If you were partially at fault, you may still be able to sue because New Hampshire’s modified comparative negligence rule applies. Under this rule, you can still recover damages as long as your fault is 50% or less. However, the compensation you receive will be reduced by your percentage of fault.
Can I Sue for Negligence if a Doctor Caused Harm?
You may be able to sue for negligence if a doctor caused harm, but these claims usually fall under medical malpractice. To bring a claim, you must show that the doctor or healthcare provider failed to follow the accepted standard of care and that this failure caused your injury.
Protect Your Rights After an Injury
Bradford H.
Coates, New Hampshire Personal Injury Attorney
If someone else’s carelessness caused your injuries, you may have the right to hold them accountable. A New Hampshire personal injury attorney can manage the legal process for you and work toward fair compensation for your losses.
If you’re ready to discuss your options, contact Coates Law Office at (603) 262-5766 or fill out the online contact form for a free consultation.