Articles Posted in New Hampshire

This page will look at New Hampshire personal injury lawsuits and how much they are worth. We will provide a general overview of some critical aspects of New Hampshire tort law, including the types of damages plaintiffs can get under New Hampshire law and how long they can wait to file. We will also look at the average settlement value of New Hampshire personal injury lawsuits.

Average Settlement Value in New Hampshire Injury Cases

The potential value of a New Hampshire personal injury lawsuit in a settlement or trial depends on several different factors. Still, the most crucial factor is the severity level of the plaintiff’s physical injuries. Personal injury and wrongful death lawsuits involving more serious, permanent injuries have a higher settlement value. The chart below shows average settlement values for New Hampshire personal injury cases based on injury level.

Based on jury verdict research, the median compensatory award in personal injury cases that go to trial in New Hampshire is $45,000 and plaintiffs received a financial recovery in 63% of these personal injury cases. This compares very favorably to the national median verdict which $38,461 and the nationwide plaintiff recovery rate of 55%. Keep in mind that this is the “median.” The average verdict award in New Hampshire is significantly higher.

New Hampshire Personal Injury Verdicts and Settlements

• 2024, New Hampshire $28,000 Verdict. The plaintiff said she was driving on a road that was slippery due to the weather, and the defendant, approaching from the opposite direction, crossed into her lane and struck the side of her vehicle. The plaintiff reportedly suffered unspecified injuries. The plaintiff asserted the defendant was negligent in failing to keep control of her vehicle, crossing over a solid yellow line, and driving too fast.
• 2023, New Hampshire $75,000 Verdict. The plaintiff was stopped at a red light when she was rear-ended by an uninsured driver. The plaintiff claimed she incurred injuries, including lumbar injury, headaches, neck strain/sprain, and right sacroiliiatis. She sought damages under her UIM coverage with State Farm. The case went to trial because State Farm disputed the extent of her damages.
• 2022, New Hampshire $850,000 Verdict. The plaintiff was a student-athlete at Dartmouth College. She claimed that she suffered a ruptured disc at L5-S1, resulting in bladder and bowel problems, after she was instructed by an athletic trainer to perform a trap bar deadlift with an excessive amount of weight. The lawsuit contended that the college was legally responsible for her injury because the trainer failed to reasonably warn and instruct and failed to reasonably supervise her during the lift.
• 2021, New Hampshire $55,000 Settlement: The plaintiff was working on board an offshore fishing vessel, allegedly suffered lumbar herniations and sprain/strains and an aggravation of pre-existing spondylolisthesis at L5-S1 when he was holding a heavy lobster pot and a wave struck the boat, owned by the defendant causing the torquing and twisting of his back and body. At trial, the jury awarded $650,000 in damages but found that the plaintiff was 93% at fault for the accident, so the parties agreed to a stipulated settlement of $55,000.
• 2020, New Hampshire: $5,000 Verdict. A woman was rear-ended by a box truck on I-293. She injured her neck, back, and arm. The woman alleged negligence against the box truck driver. She claimed he failed to maintain an appropriate lookout and timely brake. The Hillsborough County jury awarded $5,000.
• 2018, New Hampshire: $41,000 Verdict. A man was rear-ended. He tore his right rotator cuff. The man also sustained headaches, dizziness, nausea, and blurry vision. He underwent a rotator cuff repair. The man alleged negligence against the at-fault driver. He also made a UIM claim against State Farm. The Merrimack County jury awarded $41,000.
• 2017, New Hampshire: $21,000 Verdict. A woman was rear-ended. She suffered whiplash. The woman alleged negligence against the at-fault driver. She claimed she excessively sped and failed to timely brake. The Rockingham County jury awarded $21,000.
• 2017, New Hampshire: $17,000 Verdict. A female passenger was rear-ended. She suffered whiplash and the aggravation of other pre-existing neck injuries. The woman alleged negligence against the at-fault driver. She claimed she failed to main an appropriate lookout, completely stop, and avoid the collision. The Hillsborough County jury awarded $17,000.
• 2017, New Hampshire: $250,000 Verdict. A limousine passenger was rear-ended. He injured his right extremities, left thumb, and neck. The man also suffered the aggravation of his pre-existing lower back, right hand, right wrist, and left thumb injuries. He sustained limited mobility. The man alleged negligence against his limousine driver. He claimed he failed to gradually brake. The Hillsborough County jury awarded $250,000.
• 2016, New Hampshire: $4,679,142 Verdict. A woman suffered from macular degeneration. She underwent four left injections and two laser surgeries. Following the procedures, she suffered left eye vision loss and developed glaucoma. The woman underwent an unsuccessful glaucoma procedure. She developed right eye vision loss. She alleged negligence against the ophthalmologist. She claimed he improperly treated her condition and performed unnecessary procedures. The Rockingham County jury awarded the woman $4,679,142.
• 2015, New Hampshire: $1,500,000 Verdict. A woman suffered subglottic stenosis. She underwent a YAG laser-assisted endoscopic procedure. The woman suffered multiple injuries, including tracheal damage, respiratory distress, and a pneumothorax. She underwent an emergency procedure, intubation, and a tracheostomy. The woman alleged negligence against the otolaryngologist. She claimed he failed to receive her informed consent, use proper surgical equipment, and exercise due care. The Grafton County jury awarded $1,500,000.

New Hampshire Personal Injury Law

This section will provide a general overview of New Hampshire law in personal injury cases such as medical malpractice, auto accidents, and product liability claims.

Statute of Limitations in New Hampshire Injury Cases

All states have statute of limitation laws that limit how long a potential plaintiff can wait before taking action and filing a lawsuit for a personal injury case. New Hampshire has its own statute of limitations that sets legal deadlines for filing tort lawsuits. If the plaintiff does not file their case before these deadlines expire, they will be permanently barred from filing. The statute of limitations in New Hampshire is slightly different for medical malpractice cases vs. auto accidents and other personal injury claims, so we will look at those separately.

New Hampshire 3-Year Statute of Limitations in Injury and Malpractice Cases

New Hampshire has a general 3-year statute of limitation that applies to most personal injury cases involving general negligence, such as an auto accident or slip and fall case. N.H. RS § 508:4. This means that you only have three years to file a personal injury lawsuit in New Hampshire, or your claim will be time-barred.

When does the three-year SOL period begin to run? In most cases, the 3-year period under the statute of limitations begins to run whenever the plaintiff’s injury occurs. This will always be the accident’s date in an auto accident case. However, New Hampshire does recognize the discovery rule, under which the SOL period would not be until the plaintiff first discovers (or reasonably should have discovery) that someone else’s negligence caused their injury.

2-Year SOL For Medical Malpractice Cases

The statute of limitations in New Hampshire for medical malpractice cases is 2-years from the date of the malpractice (discovery rule still applies). N.H. Rev. Stat. § 507-C:4 There are exceptions to this for malpractice cases involving foreign objects left inside the body. The other general exceptions to the SOL also still apply.

Discovery Rule in New Hampshire

When determining when a deadline under New Hampshire’s 3-year statute of limitation expires, the most important questions is when does the 3 year SOL period begin to run. Like most other states, New Hampshire courts have adopted what is known as the “discovery rule” for establishing when the 3-year SOL clock starts ticking on a personal injury claim.

The discovery rule holds that the 3-year SOL period begins to run when the plaintiff first discovered that they might have a legal claim, or when a reasonable person would have first discovered that they might have a claim. The New Hampshire appellate courts have held that discovery of a claim occurs when the plaintiff has, or reasonably should have, answers to 2 questions: (1) am I injured, and (2) who injured me?

In a simple auto accident case, the plaintiff has answers to both of these 2 questions immediately after the accident occurs. Therefore, the 3-year SOL period in an New Hampshire car accident case begins to run on the date that the accident occurs. In more complex cases such as product liability or medical malpractice, however, the 3-year SOL might not start until years after the plaintiff’s injury occurs.

New Hampshire Follows Modified Comparative Negligence

Comparative negligence is a legal doctrine that allows for the allocation of fault in cases where more than one party may be responsible for an injury. New Hampshire has adopt a version of this doctrine known as modified comparative negligence.

Under New Hampshire’s modified comparative negligence rule, you can recover damages for your personal injuries as long as your share of the fault is 50% or less. The amount you can recover will be reduced by your percentage of fault. However, if you’re found to be 51% or more at fault, you are barred from recovering any damages. N.H. Rev. Stat. § 507:7-d

No Caps on Damages in New Hampshire Injury Cases

Many states have laws that limit, or “cap,” the damages you can recover in personal injury cases. New Hampshire used to be one of those states, with a $250,000 cap on damages for pain and suffering, emotional distress, disfigurement, and similar harms in medical malpractice cases, and an $875,000 cap in other personal injury cases. However, the New Hampshire Supreme Court ruled both caps unconstitutional. Carson v. Maurer, 120 N.H. 925 (1980) (medical malpractice cap violated the state constitution); Brannigan v. Usitalo, 134 N.H. 50 (1991) (personal injury cap violated the state constitution).

Dog Bite Strict Liability

In many states, dog owners are protected from liability the first time their dog injures someone, under what’s commonly known as the “one free bite” rule, provided they had no reason to believe the dog was dangerous.

New Hampshire, however, does not follow this rule. According to N.H. Rev. Stat. § 466:19, dog owners are strictly liable for any injuries their dog causes, regardless of whether the dog had previously shown any dangerous or aggressive tendencies.

Product Liability Lawsuits

New Hampshire product liability lawsuits involve claims by consumers who were injured by products that were defective or dangerous. New Hampshire product liability claims are generally based on strict liability or allegations of negligence, such as when a manufacturer fails to exercise reasonable care in designing or manufacturing a product or in providing warnings or instructions.

New Hampshire residents are bringing product liability lawsuits, including several national mass tort cases that our firm is currently accepting:

• Toxic baby food: Heavy metals are known to cause autism and other brain injuries.  Too many baby foods are loaded with toxic metals.
• Paraquat Parkinson’s Disease Lawsuit: Paraquat is a weed killer used in commercial farming. New research linking Paraquat to Parkinson’s disease has led to a large wave of product liability lawsuits.
• Suboxone Tooth Decay Lawsuits:  This drug now has a warning in 2024 for the dental injuries in can cause. But it did not before 2022.

Finding a New Hampshire Lawyer

Call 800-553-8082 or contact us online if you are looking to maximize the jury payout or settlement amount of your personal injury claim in New Hampshire.