According to the American Tort Reform Association (ATRA), punitive damages can deter reckless individuals from negligent behavior in the future. In other words, these damages could help make the entire community safer. As the name suggests, punitive damages “punish” defendants for serious acts of negligence that endanger innocent people. For those who are recovering from serious, life-altering injuries, this might seem very important. A victim might feel a sense of justice and closure, knowing that their lawsuit has enforced as many consequences as possible for negligent individuals. The real question is whether pursuing punitive damages in New Hampshire is even a worthwhile or realistic goal. To answer this question and many others related to injury claims, victims may want to speak with experienced New Hampshire personal injury lawyers in New Hampshire. Continue this conversation by contacting Friedman & Bresaw, PLLC at (603) 707-4800. We serve Meredith County, Laconia County, and Belknap County.
What Are Punitive Damages?
To understand punitive damages, one must first understand the general concept of damages. When a victim files a personal injury lawsuit, they must establish “negligence.” One of the four elements of negligence is “damages,” and a victim cannot receive any compensation unless they establish this fourth and final element. Damages represent various losses a victim has incurred due to the accident and injuries. The two main categories of damages are “economic” and “non-economic.” The former represents financial losses like lost income and medical bills, while the latter represents psychological losses like post-traumatic stress disorder (PTSD) and disfigurement.
Punitive damages represent a potential third category. Although victims can pursue punitive damages in some jurisdictions, they are rarely awarded by courts. For a defendant to become liable for punitive damages, their conduct must rise beyond basic mistakes and negligence. Instead, their behavior must be so negligent and reckless that it verges on criminal behavior. For example, this is the difference between a “simple DUI” and a street race through a crowded shopping mall while taking various drugs and operating illegally modified vehicles. Punitive damages provide victims with more compensation to cover their damages, but they also “send a message” and deter others from engaging in similar dangerous conduct.
New Hampshire Does Not Allow Punitive Damages
While punitive damages might be possible in some jurisdictions, New Hampshire does not allow them. As the University of Baltimore notes, New Hampshire heavily restricted punitive damages in a 1986 tort reform statute. These prohibitions were reinforced again in 2015. Although most states allow punitive damages, New Hampshire is not entirely alone in its stance. Other states like Louisiana, Massachusetts, Nebraska, and Washington also prohibit punitive damages or limit them so severely that they are essentially unheard of. This might seem disappointing to victims in New Hampshire seeking to maximize their compensation, but experienced personal injury lawyers can still implement numerous strategies to help ensure financial security. Victims may want to discuss these strategies in more detail alongside Friedman & Bresaw, PLLC.
Why Are Punitive Damages Banned in New Hampshire?
Punitive damages were banned in New Hampshire for several reasons. As the American Tort Reform Association notes, punitive damages are often “astronomical.” According to ATRA, these “nuclear verdicts” can “distort” the normal process of settlements and litigation during personal injury cases. Some complain that punitive damages make these processes too unpredictable. The parties who complain about punitive damages are inevitably connected with the insurance industry, as these companies always seek to protect their profit margins by reducing settlements and verdicts. Governments must often strike a delicate balance between protecting the insurance industry and ensuring justice for injured victims. Some have argued that banning punitive damages has reduced insurance costs for New Hampshire residents.
Enhanced Compensatory Damages in New Hampshire Explained
Although punitive damages may not be possible in New Hampshire, victims can still pursue “enhanced compensatory damages.” What is the difference between punitive damages and enhanced compensatory damages? While there is no real limit on punitive damages, enhanced compensatory damages are only capable of doubling other damages. In other words, enhanced compensatory damages considerably increase total damages without triggering so-called nuclear verdicts.
Another distinction between these damages is the fact that enhanced compensatory damages are not intended to “punish” defendants. Instead, they simply ensure victims receive their fair share. However, it is important to understand that in New Hampshire, courts only award enhanced compensatory damages in certain situations. Specifically, courts will consider whether there are “aggravating circumstances” that warrant these additional damages. Examples include accidents involving reckless negligence, malicious intent, or an abuse of power by the defendant. In New Hampshire, courts often award enhanced compensatory damages in cases involving drunk drivers.
How to Prove the Need for Enhanced Compensatory Damages in New Hampshire
To pursue enhanced compensatory damages, one must first establish the underlying negligence. This might involve a negligent driver or property owner who contributed to the injuries. After establishing negligence, the victim must also prove the existence of aggravating circumstances. Establishing negligence alone can be challenging, and the additional step of proving aggravating circumstances can be even more difficult. This highlights the potential advantages of working with an experienced personal injury attorney. For example, a victim might prove that the driver who caused their injuries was heavily intoxicated by drugs and alcohol at the time of the accident.
Discuss Punitive Damages With Friedman & Bresaw, PLLC
Punitive damages may not be possible in New Hampshire, but this is still a subject that may be worth discussing with an experienced injury attorney. Instead of punitive damages, victims could pursue enhanced compensatory damages. In addition, economic and non-economic damages can be more than sufficient to cover losses. Whether victims pursue normal compensatory damages or punitive damages, it always makes sense to strive for maximum compensation. An experienced personal injury attorney in New Hampshire may be able to help victims pursue compensation for missed income, medical expenses, disfigurement, loss of enjoyment of life, emotional distress, PTSD, and many other damages. Consider contacting Friedman & Bresaw, PLLC at (603) 707-4800 for an extended discussion on this subject.
