Whether you experienced a minor accident in downtown Manchester or a severe car wreck on Route 16, relief for injuries may come from several different types of damages. It's often easy to overlook some of the damages available to you. Read on to discover your legal options under New Hampshire car accident compensation laws.
Before calculating your damages, please make sure your three-year time limit to bring a personal injury case has not passed under New Hampshire law.
Types of Damages Available in New Hampshire
In a car accident case, the amount of damages depends on the types of damages you experienced. Here is a list of most common types of damages in a car accident case and whether they're available in New Hampshire:
Property Damages Available
- Damages done to your vehicle, personal belongings, and any other items as a result of the accident
Loss of Wages Available
- Past and future loss of income due to the accident; you may recover future loss of income if you can prove that your ability to earn money in the future has been impaired or diminished by the injuries
Medical Expenses Available
- Costs of medical services related to your medical conditions caused by the accident
Pain and Suffering Available
- Physical and emotion distress associated with an accident or injury (e.g., apprehension, nervousness, anxiety, and shock)
Punitive Damages Not Available
- Damages awarded in serious cases to punish someone for his or her malicious or reckless conduct;
- New Hampshire does not award punitive damages in any action unless specifically provided by statute [Section 507:16]
Note: State laws are always subject to change at any time, usually through the enactment of newly passed legislation but sometimes through higher court decisions and other means. You may want to contact a New Hampshire personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.
No Damages Caps in New Hampshire Car Accident Cases
Damages caps are laws that limit the amount of damages a person can recover. While certain other states impose limits on damages, New Hampshire does not limit any damages in personal injury cases.
Modified Comparative Fault Rule
Even if you were partially at fault for your own injuries, New Hampshire does not automatically bar you from recovering damages. The state applies the "modified comparative fault rule," which allows you to recover damages as long as you were 50 percent or less at fault. So if you were 50 percent or less at fault, you would receive the amount of your damages diminished in proportion to the amount of your fault. However, if you were more than 50 percent at fault, you won't be able to recover any damages.
Here is a sample scenario: You were involved in a serious car accident on Route 16, and the amount of damages you sustained is $100,000. You were 20 percent at fault, and the other driver was 80 percent at fault. In this situation, you would be able to recover 80 percent of the total amount of damages, which is $80,000.
Seeking Compensation After a Car Accident in New Hampshire? Get Legal Help
Every car accident case is different, and there's no set formula to calculate the damages. If you've been injured in a car accident, it's best to speak with an experienced car accident attorney in New Hampshire to discuss your personal injury claim. Your attorney can also explain how New Hampshire car accident compensation laws will affect your case.