According to the Insurance Institute of Highway Safety (IIHS), traffic accidents cost Americans hundreds of billions of dollars annually. The National Institutes of Health (NIH) also states that the average fall costs well over $60,000. After these accidents, victims in New Hampshire may need to pursue as much compensation as possible for medical expenses, lost income, emotional distress, and many other legitimate damages. During this pursuit of compensation, victims might ask themselves whether punitive damages are allowed in New Hampshire. Like all questions regarding compensation, an experienced New Hampshire injury attorney can help victims address this concern during consultations. Consider calling (802) 457-4848 to continue this conversation with the experienced personal injury attorneys at Shillen Mackall Seldon & Spicer.
What are Punitive Damages?
As the name suggests, the purpose of punitive damages is to punish the defendant. This might be a defendant in a civil case or a defendant in a criminal case. In both situations, punitive damages are relatively rare, and they only occur in cases of particularly egregious conduct.
For example, a judge might order punitive damages in a criminal case where the defendant intentionally disfigured a victim. Civil punitive damages may occur if the defendant exhibited particularly reckless conduct, such as knowingly turning the lights off while a senior was trying to navigate their way down a set of damaged stairs. Whatever the case may be, punitive damages allow the court to express their offense at an indecent, egregious set of circumstances. In addition, some courts use punitive damages to deter or warn others who might commit similar acts in the future. In other words, punitive damages make an example of the defendant.
Punitive Damages are Not Allowed in New Hampshire
As promising as punitive damages may seem to victims in New Hampshire, they are not possible in the Granite State. This is one of the few jurisdictions to reject the idea of punitive damages, and state law prevents judges from awarding this type of compensation. New Hampshire rejects the idea of using money as a means of punishment. Instead, the state traditionally uses compensation to highlight the severity of injuries.
This viewpoint dates back to the 1800s in New Hampshire. As the Marquette University Law School noted back in 1965, it was Justice Foster of the New Hampshire Supreme Court who first stated that the idea of punitive damages was “wrong” and a “monstrous heresy.” Foster also argued that punitive damages “deformed the symmetry and body of the law.” One criticism of punitive damages is its antiquated nature. Inherited from English Common Law, punitive damages come from a time when legal concepts like “mental suffering” or “emotional distress” did not exist. As a result, the only way to recognize the stress and anguish of a plaintiff at that time was to offer them punitive damages. Today, plaintiffs can pursue a wide range of “non-economic” damages – and some argue that this makes punitive damages redundant.
What are Enhanced Compensatory Damages?
Although New Hampshire does not allow punitive damages, it does recognize the need for “enhanced compensatory damages” in some cases. Although some believe that these are virtually the same as punitive damages, the state maintains that enhanced compensatory damages should never punish the defendant. Instead, they highlight the injuries and anguish of the victim. The logic is that if a defendant exhibits particularly egregious negligence, the victim is more likely to suffer serious injuries. For the most part, this is demonstrably true. For example, a drunk, reckless driver is statistically more likely to cause serious injuries compared to a sober motorist.
As the name implies, enhanced compensatory damages increase total compensation for the victim. Usually, the court will instruct the jury to double the total compensation of a victim if they meet the requirements for enhanced compensatory damages. Combined with non-economic damages, this could potentially lead to extremely high or “nuclear” verdicts.
When Can I Pursue Enhanced Compensatory Damages?
While it is certainly possible to pursue enhanced compensatory damages in New Hampshire, victims should remember that this type of compensation is quite rare. In order to become eligible for enhanced compensatory damages, plaintiffs must meet various requirements. New Hampshire states that these damages are only possible if the defendant exhibited “wanton, malicious, or oppressive” conduct.
Enhanced Compensatory Damages for Wanton Conduct
“Wanton conduct” is associated with reckless acts with no regard for potential consequences. Generally speaking, this goes beyond unsafe driving decisions. Plaintiffs may struggle to pursue enhanced compensatory damages simply for drunk driving crashes, and they may need to prove that the defendant also committed other crimes behind the wheel – such as texting and driving or street racing. Victims may wish to discuss the exact definition of “wanton conduct” alongside an experienced injured attorney at Shillen Mackall Seldon & Spicer.
Enhanced Compensatory Damages for Malicious Conduct
In New Hampshire, “malicious conduct” involves ill will or hatred. For example, a property owner might intentionally neglect to clear ice from a parking lot used for a political rally or protest they disagree with. If a victim slips and falls, they could argue that the failure to provide a safe parking lot was motivated in part by ill will or hatred.
Enhanced Compensatory Damages for Oppressive Conduct
In New Hampshire, “oppressive conduct” generally involves the abuse of power in the context of personal injury cases. For example, a doctor might abuse their position of power to sexually harass patients.
Contact Shillen Mackall Seldon & Spicer to Learn More About Your Legal Rights
While punitive damages may be out of the question in New Hampshire, victims can still pursue enough compensation to cover their various damages. An experienced injury attorney in New Hampshire may be able to help calculate total damages, gather evidence, and pursue justice on behalf of victims. If accident patients are serious about recovering as much compensation as possible, it makes sense to start taking legal action without excessive delays. Online research can be a positive first step, but the real process usually only begins after connecting with a personal injury lawyer. Discuss the next phase of this process by contacting Shillen Mackall Seldon & Spicer at (802) 457-4848.