Punitive Damages in New Hampshire
Punitive damages — also called exemplary damages — go beyond compensating your losses. They punish defendants for especially egregious or reckless conduct. Here is what you need to know about qualifying for and recovering punitive damages in New Hampshire.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
$12,000 – $58,000
Avg Comp. Damages
When Are Punitive Damages Available in New Hampshire?
In New Hampshire, punitive damages require proof beyond ordinary negligence. Plaintiffs typically must show clear and convincing evidence that the defendant acted with malice, fraud, oppression, or conscious disregard for others' safety. Reckless driving, drunk driving, and intentional misconduct are common qualifying scenarios.
New Hampshire operates under Modified comparative fault (51% bar). Punitive damage awards are made in addition to compensatory damages and are reduced if you share comparative fault.
Many states cap punitive damages at 2–3× compensatory damages or a fixed dollar limit. Some states require a portion of punitive awards to be paid to a state victim compensation fund. Consult a New Hampshire attorney for the current statutory limits applicable to your case.
Key Facts About New Hampshire Injury Law
New Hampshire uses modified comparative negligence under RSA 507:7-d with a 51% bar — plaintiffs who are found 51% or more at fault cannot recover any damages, while those with lesser fault have their award reduced in proportion to their assigned fault percentage.
New Hampshire is uniquely the only US state that does not require drivers to carry auto liability insurance, though drivers must demonstrate financial responsibility; the state also does not require no-fault PIP coverage, operating purely as a tort-based system.
Personal injury claims must be filed within 3 years from the date of injury or discovery under RSA 508:4; New Hampshire courts apply the discovery rule, which can extend the filing deadline for latent injuries that were not immediately apparent at the time of the incident.