Local Law Blogs

The amount of money that injured people can recover from a person whose negligence caused their injuries is called "damages."  There is a myth that damages are often a windfall amount, or that they make injured people rich.  The myth is wrong, especially in New Hampshire.  In New Hampshire, people are compensated only if they can prove their case, and only to the extent of their proven losses. 

The massive settlements and verdicts people tend to hear about in the news are highly unusual and almost always occur in other states where "punitive" damages are allowed.  Punitive damages are awards of money intended to punish a wrong-doer.  Therefore, these awards can be large, sometimes very large, especially when, for example, large corporations intentionally do bad things. 

New Hampshire does not allow punitive damages awards in personal cases.  New Hampshire allows what are called "compensatory damages."  Obviously, these damages are intended to compensate people for what they've actually lost as a result of someone else's negligence.  In New Hampshire, injured people must have strong proof showing what they have lost due to an injury, usually including medical and rehabilitation expenses, lost wages, lost ability to function, future expenses, lost future earning capacity, etc.

Pain and suffering is particularly difficult to prove.  An injured person is at the mercy of an insurance adjuster or jury to decide just what pain and what suffering he or she has experienced.  A plaintiff's attorney must work hard to make sure that an injured client can clearly demonstrate all of the pain, frustration, loss of enjoyment, inconvenience, limited function, effect on relationships, effect on daily life, effect on the future, etc., that the client has suffered.