How to Prove Ongoing Pain and Future Care Needs in a New Hampshire Personal Injury Claim

Disclaimer: This article is for general information only and does not constitute legal advice. Consult a New Hampshire attorney about your specific case.

Detailed answer — what you must show and how to show it

If you were injured and you experience ongoing pain or expect future medical care, you must build a record that connects your injury to both present suffering and future needs. In New Hampshire civil claims, courts and insurance companies typically consider three categories of damages: past medical costs, future medical costs, and non-economic losses such as pain and suffering. To persuade a judge or jury to award additional compensation for ongoing pain and future care, gather objective medical documentation, consistent treatment records, credible medical opinions, and clear cost estimates.

1. Establish the injury and current impact

Start by documenting the immediate injury and how it affects you now. Useful items include:

• Emergency department and hospital records showing diagnosis and treatment.
• Operative reports and procedure notes if you had surgery.
• Ongoing treating clinician notes (primary care, physical therapy, pain management) that describe symptoms, limitations, and responses to treatment.
• Imaging and test results (X-rays, MRI, CT, EMG, nerve conduction studies) that show physical findings that correlate with your pain.
• Medication records (prescriptions and pharmacy records) documenting the type and duration of pain relief used.

2. Show the persistence and functional effects of pain

Courts want to see how pain affects your daily life and ability to work. Useful evidence includes:

• Progress and treatment notes that record ongoing pain levels, functional limitations, and activities you can no longer do.
• Validated questionnaires and functional assessments (for example, pain scales, Oswestry Disability Index, SF-36), which provide a standardized measure of severity and impact.
• Activity logs or a pain diary that you keep contemporaneously—dates, pain intensity, activities limited, medication taken.
• Photographs or video showing changes in mobility, assistive devices in use, or how your home must be adapted.
• Testimony from family, friends, or co-workers describing observed changes in your behavior, mood, and abilities.

3. Prove future medical and care needs

Future care requires a reasoned medical opinion that certain treatment or services are likely to be necessary because of the injury. To show this, assemble:

• Written prognoses from treating clinicians explaining what treatments are likely, why they’re needed, and how often they will be required.
• A life care plan or care-cost estimate prepared by a qualified planner or clinician describing all anticipated future services (home health care, therapy, medications, surgeries, durable medical equipment, home modifications) and a timeline.
• Cost documentation: current price quotes, Medicare schedules, or published fee schedules to estimate future expenses.
• Vocational assessments if your injury affects earning capacity, training needs, or the ability to return to prior work.

4. Translate future needs into dollar terms

Adjust future care cost estimates to present value so a jury or insurer understands the lump-sum equivalent today. This typically involves:

• Multiplying annualized care costs by expected duration (years of expected need), taking into account life expectancy and likely medical course.
• Using accepted methods for discounting future costs to present value (actuarial tables, life expectancy tables). Your attorney or the care planner can explain and prepare this calculation.

5. Anticipate and counter common defenses

Defendants often argue that pain is subjective, pre-existing, or unrelated. Strengthen your position by:

• Showing pre-injury medical records (if any) to distinguish new injury from prior conditions.
• Providing objective findings (imaging, tests, range-of-motion measurements) that align with reported symptoms.
• Keeping detailed contemporaneous records to avoid claims that complaints began later or were exaggerated.

6. How evidence is presented in New Hampshire proceedings

New Hampshire courts and juries evaluate both the credibility of witnesses and the weight of documentary and medical opinion evidence. Treating clinicians’ records and written medical opinions carry persuasive weight. Care plans and vocational assessments help the trier of fact understand future needs and costs.

For general access to New Hampshire statutes and court resources, see the New Hampshire Revised Statutes Annotated index at https://www.gencourt.state.nh.us/rsa/html/ and the New Hampshire Judiciary at https://www.courts.nh.gov/. These sites explain procedural rules and where civil actions are filed. Because deadlines and evidence rules matter to your claim, speak with a New Hampshire attorney promptly.

Helpful hints — practical steps to strengthen your claim

• Start documenting immediately: keep a pain diary and save all medical bills and appointment notes.
• Be consistent: report the same symptoms to every treating clinician and in your diary; inconsistent accounts weaken credibility.
• Ask your treating clinician to write a clear prognosis that ties future care to the injury and states the expected frequency and duration of care.
• Obtain a life care plan or a written care-cost estimate early if you anticipate long-term needs.
• Collect evidence of lost earnings and reduced work capacity: pay stubs, tax returns, employer statements, and job descriptions.
• Pursue objective testing when appropriate: imaging, functional capacity evaluations, and range-of-motion measurements help corroborate subjective complaints.
• Preserve personal testimony: statements from household members who see functional limits carry weight with fact-finders.
• Do not ignore insurance deadlines or the statute of limitations; contact a New Hampshire attorney to determine applicable deadlines for filing a claim.
• Discuss settlement strategy with a New Hampshire attorney: many cases resolve through negotiation based on the strength of documented future-care needs.

Proving ongoing pain and future care involves building a consistent, medically grounded, and well-documented record. A lawyer familiar with New Hampshire practice can guide you on admissible evidence, cost estimates, and the best way to present your claim to an insurer or a court.

Final note: This information is educational and does not replace advice from a licensed attorney. For help applying these ideas to your situation, contact a New Hampshire personal injury attorney.