A car accident can leave you struggling to pick up the pieces of what feels like a shattered life. Your injuries can leave you with debilitating and crushing pain, and your physical mobility may be limited. On top of that, the psychological toll taken on you can be immense, perhaps even leaving you with post-traumatic stress disorder. As if all that isn’t enough, there’s the financial damage associated with a wreck. Lost wages due to missed work, medical expenses that may blow past your maximum allowable payments made by your insurance provider and rehabilitation costs can all leave you financially shaken.
Fortunately, a personal injury lawsuit against the individual responsible for your accident may result in accountability and the recovery of much needed compensation, which can alleviate your stress and provide you with stability while you focus on your recovery. But these cases can be more complicated than they seem, especially if the defense argues that you’re partially to blame for the accident.
Can you recover compensation if you contributed to the accident in question?
New Hampshire recognizes comparative fault. This means that you can still recover compensation from a negligent driver even if you are partially to blame for the wreck. The amount of compensation that you’re awarded will simply be diminished by the amount of fault assigned to you. That said, if you’re found to be more than 50% at fault, then you’ll be denied compensatory recovery altogether.
Therefore, your role in the accident may play a critical role in your case. As you ready to proceed with your claim, then, you should prepare to do the following to hopefully minimize a showing of comparative fault:
- Use expert testimony: You don’t want the jury to take the defendant at their word when it comes to the role you played in causing the accident. Yet, that’s exactly what they might do. You don’t want to take that chance, which is why it might be a good idea to have an expert testify as to causation and fault. An accident reconstruction expert may be your best option here.
- Attack the credibility of the defense’s witnesses: Unless you point out problems with a witness’s credibility and reliability, a jury may buy into their testimony, which could be extraordinarily problematic for your case. Make sure you research the defense’s witnesses beforehand so that you have a better idea of their weaknesses and where they’re vulnerable to attack. A deposition prior to trial might help you identify inconsistent statements that you can use to your advantage.
- Focus on damages: Even if you’re found to have contributed to the accident, you can still increase the amount of compensation you receive by maximizing your showing of damages. Being thorough here by addressing anticipated lost wages and medical expenses, as well as your noneconomic damages like lost enjoyment of life and pain and suffering, can go along way here.
Don’t let comparative fault derail your personal injury case
You only get one shot at presenting your car accident personal injury case. You don’t want it to go sideways in a hurry because you forgot to account for a comparative fault argument. So, as you start gathering evidence and preparing your legal arguments, be sure to anticipate the defense’s position. This will help you develop counterarguments to protect the viability of your case and your financial future. To increase your chances of succeeding on your claim, be sure to read up on the law and determine how it applies to the facts of your case. If that’s something you need assistance with, then be sure to seek out any guidance that you may need along the way.