Disclaimer: This article does not provide legal advice. It is for informational purposes only.
Detailed Answer
Under New Hampshire law, calculating a fair settlement value for soft tissue injuries involves assessing both economic and non-economic damages. Key factors include:
- Medical Expenses: Document all treatment costs, including therapy and diagnostics.
- Lost Wages: Include time off work and reduced earning capacity.
- Pain and Suffering: Account for physical discomfort and emotional distress.
- Impact on Daily Life: Consider limitations on hobbies and household tasks.
- Contributory Negligence: New Hampshire bars recovery if the injured party is even slightly negligent. See RSA 507:7-a.
1. Calculate Special Damages
Add up all medical bills and lost income to determine your special damages. Keep detailed records and bills.
2. Estimate General Damages
General damages cover pain and suffering. Two common methods:
a. Multiplier Method
• Sum special damages.
• Choose a multiplier between 1.5 and 5 based on injury severity.
• Multiply: Special Damages × Multiplier = General Damages.
b. Per Diem Method
• Assign a daily rate (e.g., $50–$500) for each day of recovery.
• Multiply the rate by the number of recovery days.
3. Apply Contributory Negligence
If you share any fault, New Hampshire’s pure contributory negligence rule may bar recovery. Consult RSA 507:7 for damage definitions.
4. Account for Insurance and Policy Limits
Review the at-fault driver’s insurance policy limits. Your settlement cannot exceed those limits.
Helpful Hints
- Keep chronological medical records with dates and providers.
- Track all out-of-pocket expenses (medication, travel, equipment).
- Use a spreadsheet to organize special and general damage calculations.
- Consider hiring a personal injury lawyer if complex liability issues arise.
- Understand deadlines: New Hampshire’s statute of limitations for personal injury claims is three years from the accident date. See RSA 508:4.