Pain and Suffering Damages in New Hampshire
Pain and suffering is one of the largest components of any personal injury settlement in New Hampshire. Under modified comparative fault (51% bar), understanding how these non-economic damages are calculated — and any caps that apply — is essential before accepting any offer.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$12,000 – $58,000
Avg Settlement
3 years
Statute of Limitations
How P&S Damages Are Calculated in New Hampshire
Courts and insurance adjusters in New Hampshire typically use one of two methods to calculate pain and suffering: the multiplier method (multiply your economic damages by 1.5–5× depending on severity) or the per diem method (assign a daily dollar value for each day you suffered).
Because New Hampshire uses Modified comparative fault (51% bar), you can recover pain and suffering only if your fault is below 50% (or 51%), and the award is reduced by your percentage of fault.
Factors That Increase P&S Value
Severity & Duration
Permanent injuries, chronic pain, and long recovery periods command higher multipliers.
Impact on Daily Life
Inability to work, loss of hobbies, relationship strain, and depression all support higher awards.
Medical Documentation
Regular doctor visits, therapy records, and specialist notes substantiate your suffering.
Pre-existing Conditions
New Hampshire courts apply the "eggshell plaintiff" rule — defendants take you as they find you.
New Hampshire Law Overview
New Hampshire is unique in that it does not require drivers to carry auto liability insurance — instead requiring proof of financial responsibility in other forms — and also does not mandate no-fault PIP coverage. This makes New Hampshire the only state without compulsory auto insurance. The state applies modified comparative fault with a 51% bar. The statute of limitations is 3 years. New Hampshire's "live free or die" ethos extends to its tort law, which imposes relatively few restrictions on personal injury claims. The state has no statutory cap on compensatory or punitive damages for most personal injury claims. New Hampshire's outdoor recreation and tourism industries generate ski injury, water sports, and hiking accident claims. New Hampshire courts apply the discovery rule for latent injuries. Workers' compensation provides exclusive remedy for workplace injuries under RSA Chapter 281-A. Medical malpractice cases do not have a separate pre-litigation screening requirement.