Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Under New Hampshire law, a person injured by another’s negligence may recover special damages, which include out-of-pocket travel expenses incurred for medical care. While New Hampshire statutes do not list travel expenses explicitly, courts routinely award reasonable and necessary expenses as part of RSA 507:4 (Measure of Damages for Personal Injuries).
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Record Appointment Details
Keep a clear schedule of each medical visit, including the date, time, provider name, and purpose (e.g., physical therapy, specialist consultation).
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Track Mileage or Actual Costs
Choose one of two methods:
- Mileage Method: Multiply your round-trip miles by the current IRS standard mileage rate.
- Actual Expense Method: Save receipts for gas, parking, tolls, public transit fares, or ride-share costs.
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Maintain Supporting Documentation
Keep all receipts and a mileage log. Use a spreadsheet or a dedicated app to note trip dates, start and end addresses, miles driven, and purpose.
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Include in Demand Letter or Pleadings
Work with your attorney to prepare a detailed statement of special damages. The statement should list each trip, calculated cost, and attach supporting documents.
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Verify Reasonableness
New Hampshire courts award “reasonable” expenses. Avoid excessive round-trips or luxury services. If in doubt, discuss frequency and necessity with your attorney.
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Respond to Discovery Requests
Be prepared to provide copies of your log and receipts during pretrial discovery. Honesty and completeness strengthen your claim.
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Document Ongoing Medical Needs
If you require future treatment, estimate anticipated travel expenses and include them as future special damages in expert disclosures.
Helpful Hints
- Start logging trips immediately to avoid omissions.
- Use a GPS or mapping app to verify mileage in case of discrepancies.
- Organize receipts by date and trip to simplify review by your attorney or the court.
- Check local rules for electronic filing of exhibits if you litigate in New Hampshire Superior Court.
- Review New Hampshire Supreme Court decisions for guidance on reasonableness standards.
- Discuss early with your attorney whether lump-sum settlements or itemized billing better serve your interests.