Understanding Non-Economic Damages in Personal Injury Cases
Protecting Your Rights
Your accident injuries go far beyond medical bills and lost wages. The law recognizes that accidents cause real, life-altering harm that doesn't come with a receipt. These are called non-economic damages, and they often represent the largest portion of a personal injury claim
Pain and Suffering
Physical Pain and Discomfort Caused by Your Injuries
Pain and suffering is one of the most significant non-economic damages available in a personal injury claim. It encompasses the physical pain and bodily discomfort you experience as a direct result of your personal injuries, not just at the moment of impact, but in the days, weeks, months, and sometimes years that follow.
What This Includes
• Acute pain from the initial injury (fractures, lacerations, burns, internal injuries)
• Chronic pain that persists long after the accident, such as ongoing back pain, nerve damage, or joint pain
• Pain and discomfort from medical treatments, surgeries, physical therapy, and rehabilitation
• Sleep disruption caused by persistent pain, leading to fatigue and reduced quality of life
• Dependence on pain medication, including the side effects and risks associated with long-term use
How We Build Your Case
Insurance companies routinely try to minimize pain and suffering claims. We fight back by building a comprehensive evidence file that documents the full scope of your physical suffering. This includes detailed medical records showing the severity and duration of your pain, testimony from treating physicians about your prognosis, a personal pain journal documenting your daily experience, and expert medical testimony when necessary to explain the long-term impact of your injuries.
Key fact: New Hampshire does not cap non-economic damages in most personal injury cases, which means there is no arbitrary limit on the compensation you can receive for your pain and suffering.
Emotional Distress
Anxiety, Depression, PTSD, and Other Psychological Harm
The psychological aftermath of a serious accident can be just as debilitating as physical injuries, and sometimes more so. Emotional distress damages compensate you for the mental and psychological harm that flows from the accident and your resulting injuries. These are real, documented medical conditions, not abstract concepts.
What This Includes
• Anxiety and panic attacks — including fear of dogs, fear of driving, fear of returning to the accident location, or generalized anxiety that affects your daily functioning
• Depression — feelings of hopelessness, withdrawal from social activities, loss of motivation, and persistent sadness triggered or worsened by the accident
• Post-Traumatic Stress Disorder (PTSD) — flashbacks, nightmares, hypervigilance, and avoidance behaviors that can fundamentally alter how you experience the world
• Insomnia and sleep disorders — difficulty falling or staying asleep due to anxiety, nightmares, or intrusive thoughts about the accident
• Emotional volatility — mood swings, irritability, anger, and emotional numbness that strain your relationships and daily interactions
• Cognitive difficulties — trouble concentrating, memory problems, and brain fog that may accompany both physical head injuries and psychological trauma
Proving Emotional Distress
Emotional distress claims require careful documentation. We work with mental health professionals, gather records from therapists and psychiatrists, and may retain psychological experts to testify about the nature and severity of your condition. We also document testimony from family and friends who have witnessed the changes in your behavior and emotional state since the accident.
Important: You do not need a prior history of mental health treatment to bring an emotional distress claim. Many people experience their first episode of anxiety, depression, or PTSD as a direct result of a traumatic accident.
Loss of Enjoyment of Life
When Injuries Take Away the Activities and Experiences That Define You
Your life is more than work and medical appointments. Loss of enjoyment of life damages recognize that when you can no longer do the things that bring you joy, purpose, and fulfillment, that loss has real value. This category of damages acknowledges the fundamental change in your quality of life caused by another person’s negligence.
What This Includes
• Inability to participate in sports, exercise, or outdoor activities you previously enjoyed — running, hiking, cycling, swimming, golf, skiing, or team sports
• Loss of hobbies and creative pursuits — gardening, woodworking, playing a musical instrument, cooking, or other activities that brought you satisfaction
• Diminished ability to play with your children or grandchildren, attend their games and events, or participate in family activities
• Reduced social life — no longer being able to go out with friends, attend events, travel, or enjoy dining out without pain or limitation
• Loss of independence — needing help with tasks you once handled easily, such as household chores, grocery shopping, or personal care
• Diminished sexual function or intimacy with your partner
Building This Claim
We document your pre-accident life in detail — your hobbies, activities, social life, and daily routines — and contrast it with your post-accident reality. Testimony from family members, friends, coaches, and activity partners can powerfully illustrate what you’ve lost. Photographs, social media posts, gym memberships, event tickets, and sports league records can all serve as evidence of the active life you led before your injury.
Loss of Consortium
The Impact on Your Most Important Relationships
A serious injury doesn’t just affect you — it ripples through your closest relationships. Loss of consortium is a legal claim that recognizes the damage to the relationship between you and your spouse (or, in some cases, other close family members). This claim can be brought by the injured person or by the spouse or family member who has also suffered a loss.
What This Includes
• Loss of companionship — when injuries prevent you from being the partner, parent, or family member you once were
• Loss of affection and intimacy — physical limitations, pain, or emotional withdrawal that affects your romantic relationship
• Loss of support and partnership — when you can no longer contribute equally to household responsibilities, parenting, or shared decision-making
• Strain on the marital or family relationship — increased conflict, communication breakdowns, and emotional distance caused by the injury’s aftermath
• Role reversal — when your spouse must become your caregiver, fundamentally changing the dynamic of your relationship
How These Claims Work in New Hampshire
In New Hampshire, a spouse may bring a loss of consortium claim alongside your personal injury case. These claims are typically filed together and supported by testimony from both spouses, as well as from family members, counselors, or therapists who can speak to the changes in the relationship. We handle these sensitive matters with discretion and compassion while building the strongest possible case for full compensation.
Permanent Disfigurement
Scarring and Permanent Physical Changes from Your Injuries
When an accident leaves permanent, visible marks on your body, the impact goes far beyond the physical. Permanent disfigurement damages compensate you for the lasting physical changes caused by your injuries, changes that may affect your appearance, self-confidence, career opportunities, and how others perceive you for the rest of your life.
What This Includes
• Scarring — visible scars on the face, hands, arms, or other exposed areas of the body, as well as scars hidden by clothing that still affect self-image
• Burns and skin grafts — discoloration, texture changes, and grafting that alter your appearance
• Amputation or loss of limb — the permanent loss of a finger, hand, arm, leg, or other body part
• Facial injuries — broken bones that heal asymmetrically, dental damage, eye injuries, or other changes to facial appearance
• Permanent physical limitations — a visible limp, reduced range of motion, or other changes in how you move and carry yourself
• Nerve damage — visible muscle atrophy, drooping features, or other outward signs of underlying nerve injury
Valuing Disfigurement Claims
The value of a disfigurement claim depends on several factors, including the location, size, and severity of the disfigurement; your age (younger victims live longer with the disfigurement); the impact on your career and earning capacity; the psychological effects, including self-consciousness and social withdrawal; and the cost of any corrective or cosmetic procedures. We document disfigurement through professional photography, medical records, and expert testimony from plastic surgeons or dermatologists who can speak to the permanence and severity of your injuries.
Why Non-Economic Damages Matter
Insurance companies want to reduce your claim to a stack of medical bills. They use computer algorithms to assign a dollar value to your injuries based on diagnosis codes and treatment costs. But that formula ignores the human reality of what you’re going through. Non-economic damages exist because the law recognizes that your suffering, your relationships, and your quality of life have value that can’t be captured on a spreadsheet.
At our firm, we take the time to understand the full impact your injuries have had on every aspect of your life. We don’t just calculate — we advocate. We tell your story in a way that juries and insurance adjusters understand, using evidence, expert testimony, and the compelling details of your unique experience.
Get the Compensation You Deserve
If you or a loved one has been injured due to someone else’s negligence, don’t let the insurance company dictate what your pain and suffering are worth. Contact us today for a free, no-obligation consultation. We’ll review your case, explain your rights, and fight to ensure you receive full and fair compensation for every way your life has been affected.
Don’t Let the Insurance Company Blame You
The insurance company is not on your side. Their job is to pay as little as possible, and shifting blame onto you is one of their most effective tools for doing that. You need someone in your corner who understands New Hampshire’s personal injury laws, knows how to challenge the insurance company’s narrative, and has the experience and resources to fight for full and fair compensation
Free Consultation — We Only Get Paid If You Win
If you’ve been injured in an accident and the insurance company is trying to blame you, contact us today. Apis Law offers a free, no-obligation consultation where we’ll review the facts of your case, explain how comparative fault may affect your claim, and outline a strategy for maximizing your recovery. Attorney Diaz works on a contingency-fee basis, which means you pay nothing unless we win your case.
About the Author
Keith F. Diaz, Esq. | New Hampshire Bar No. 15831
Attorney Keith F. Diaz has practiced law in New Hampshire since 2003. He began his career as a criminal prosecutor in Rockingham County before transitioning to civil litigation in 2005. Today he represents individuals in personal injury and employment law matters throughout Southern New Hampshire. He is admitted to practice before the New Hampshire Supreme Court, the New Hampshire Superior and Circuit Courts, and the United States District Court for the District of New Hampshire. He founded Apis Law in 2022.
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Frequently Asked Questions About Pain and Suffering
What are non-economic damages in a personal injury case?
Non-economic damages compensate the harms that never arrive as a bill. New Hampshire law describes them as compensation for non-economic loss, "including pain and suffering and such other elements of damage which are recognized by law and which are not objectively verifiable monetary losses." RSA 508:4-d, I. In practice that means physical pain, discomfort, fear, anxiety, mental and emotional distress, loss of enjoyment of life, permanent disfigurement, and a spouse's loss of consortium. New Hampshire Civil Jury Instruction 9.6.
Is there a cap on pain and suffering damages in New Hampshire?
There is no enforceable cap, and the reason is worth stating precisely. RSA 508:4-d, I still reads that damages for non-economic loss "shall in no case exceed $875,000," and the Legislature has not repealed it. The Supreme Court declared that statute unconstitutional under the equal protection provisions of Part I, Article 12 of the New Hampshire Constitution. Brannigan v. Usitalo, 134 N.H. 50, 587 A.2d 1232 (1991). The Court had already struck a $250,000 cap in medical malpractice cases on the same ground. Carson v. Maurer, 120 N.H. 925, 941-43, 424 A.2d 825 (1980). It rejected the argument that a higher cap affecting fewer people was more defensible. The text remains on the books and is unenforceable.
How is pain and suffering calculated in a personal injury claim?
There is no formula, and the multiplier method described on many websites is not New Hampshire law. The jury instruction is direct: "No definite standard (or method of mathematical calculation) is prescribed by law by which to fix reasonable compensation for pain and suffering." New Hampshire Civil Jury Instruction 9.6. The Supreme Court rejected mathematical formulas for this purpose, including the per diem argument. Duguay v. Gelinas, 104 N.H. 182 (1962). Counsel may still argue a specific lump sum to the jury, because a request for a sum is an inference drawn from the evidence. Rodriguez v. Webb, 141 N.H. 177, 182 (1996).
How much is my car accident case worth in New Hampshire?
No one can price a claim honestly before the medical picture settles, and a figure quoted early is a guess. What a case is worth turns on the elements a jury is told to weigh: the reasonable value of past and future medical care, lost wages, loss of earning capacity, and reasonable compensation for pain, suffering, and loss of enjoyment of life. New Hampshire Civil Jury Instruction 9.6. Two things then move the number in either direction: your share of fault under RSA 507:7-d, and the insurance actually available to pay.
What is loss of enjoyment of life in a personal injury case?
These are hedonic damages, and they compensate "the lost ability to engage in activities that once brought pleasure." Bennett v. Lembo, 145 N.H. 276, 281, 761 A.2d 494 (2000). Bennett left open whether they reach non-permanent injuries. The Court answered that in 2018 and declined to condition hedonic damages on proof of a permanent impairment, holding them available for "the temporary or permanent inability to engage in such pleasurable aspects of life." Stachulski v. Apple New England, LLC, 171 N.H. 158, 191 A.3d 1231 (2018). Because permanence is not a condition, no expert opinion establishing permanency is required.
Can I claim emotional distress after a car accident in New Hampshire?
Yes, and the proof requirement is specific. Mental and emotional distress sit among the elements a jury may compensate as part of pain and suffering. New Hampshire Civil Jury Instruction 9.6. Where you claim physical manifestations of emotional distress caused by negligence, New Hampshire requires expert testimony to prove them. Thorpe v. State Department of Corrections, 133 N.H. 299 (1990). Distress you expect to suffer in the future must be more probable than not rather than "merely possible, conjectural or speculative." Jolicoeur v. Conrad, 106 N.H. 496, 498 (1965); Dunham v. Stone, 96 N.H. 138, 140-41 (1950).
What is a loss of consortium claim in New Hampshire?
RSA 507:8-a allows either spouse to recover "damages for loss or impairment of right of consortium whether caused intentionally or by negligent interference." It is a separate and distinct claim rather than a derivative of the injured spouse's case. Reid v. Spadone Machine Co., 119 N.H. 198, 199 (1979). One limit is often missed: since 1986 the statute reduces that recovery "to the extent and in the manner provided for in RSA 507:7-d," so the injured spouse's own share of fault cuts the consortium award as well.
Can I get compensation for permanent scarring after an accident?
Yes. Permanent disfigurement is compensable non-economic loss, proved through the change itself and its effect on daily life rather than through a bill. Where the injury is permanent, the jury may award separately for loss of enjoyment of life, an element distinct from economic loss and from conscious pain and suffering. New Hampshire Civil Jury Instruction 9.9. Scarring you will carry for life also supports future pain and suffering, which must be shown to be more probable than not rather than speculative. Jolicoeur v. Conrad, 106 N.H. 496, 498 (1965). Medical records and your own testimony can carry that showing.
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