What are enhanced damages in a New Hampshire DUI injury case?

Enhanced damages in New Hampshire allow victims to recover greater compensatory damages when the at-fault driver acted wantonly, maliciously, or with conscious disregard for safety. They are available in DUI-related injury claims even though punitive damages are not recognized under New Hampshire law.

How are enhanced damages different from punitive damages?

Punitive damages are designed to punish defendants. New Hampshire does not allow punitive damages. Enhanced compensatory damages, however, expand the victim’s recovery where the defendant’s conduct was especially egregious — reflecting moral accountability while staying within compensatory limits.

What qualifies as wanton conduct in a DUI case?

Wanton conduct refers to behavior showing conscious disregard for the safety of others — such as driving while intoxicated after prior warnings, continuing to drive after hitting another object, or admitting awareness of impairment yet remaining on the road.

Can enhanced damages apply if my injuries are moderate?

Yes. Even with moderate injuries, enhanced damages may apply if the defendant’s conduct demonstrates extreme recklessness or disregard for human life. In such cases, insurers often settle above policy limits to avoid jury verdicts reflecting moral condemnation.

How does Apis Law build value in DUI injury cases?

Apis Law builds case value through narrative advocacy and evidence — combining factual documentation such as police reports and medical records with a compelling story that conveys the human impact of the crash. This approach helps insurers and juries grasp both the legal and emotional gravity of the case.

What should I do if I or a loved one has been injured by a drunk driver?

Gather all documentation, including police and medical records, and contact Apis Law immediately. The firm has extensive experience with enhanced-damages DUI cases in New Hampshire and can evaluate your rights and recovery options.

Enhanced Damages in New Hampshire DUI Injury Cases: How Narrative and Wanton Conduct Shaped a Six-Figure Settlement

Keith Diaz
6 hours ago
4 min read

Car interior with a shattered windshield from a crash, dashboard damaged. Highway visible under a clear blue sky with autumn trees.

Understanding the Power of Story and Legal Leverage in DUI-Related Personal Injury Claims

In enhanced damages DUI New Hampshire cases, the difference between an ordinary motor vehicle negligence claim and a high-value injury settlement often turns on one key factor — wanton conduct. When an impaired driver acts with conscious disregard for the safety of others, New Hampshire law allows victims to pursue enhanced compensatory damages, even though punitive damages are not recognized.

This recent Apis Law case illustrates how presenting both a powerful story and a clear showing of wanton behavior can compel an insurer to pay well above policy limits, even when the physical injuries themselves appear modest.

If an impaired driver has injured you or someone you love in a car accident, contact Apis Law today. Our firm has extensive experience handling enhanced-damages DUI cases in New Hampshire. Schedule a consultation to discuss your rights and options.

Background: A Preventable Crash and a Reckless Choice

One fall evening, a couple traveling for work in rural New Hampshire were struck head-on by an intoxicated driver who crossed the centerline without braking. Their vehicle rolled several times before coming to rest on its side. At the time, the passenger was eight months pregnant.

According to the police investigation, the at-fault driver had a blood alcohol concentration nearly twice the legal limit. She had already hit a guardrail moments before the crash, admitted she “shouldn’t have been driving,” and continued down the road despite clear impairment. She later pleaded guilty to driving under the influence.

These facts established more than negligent driving on a New Hampshire road — they demonstrated the kind of conscious indifference that supports an enhanced damages DUI New Hampshire claim. See Thibault v. Sears, Roebuck & Co., 118 N.H. 802 (1978).

Enhanced Damages DUI New Hampshire: Understanding Wanton Conduct and Legal Exposure

Although New Hampshire prohibits punitive damages, courts have recognized that enhanced compensatory damages may be awarded when a defendant’s behavior is wanton, malicious, or oppressive. In DUI injury cases, this doctrine allows plaintiffs to highlight the moral weight of the defendant’s choices and the broader public-safety implications of drunk driving.

Apis Law’s settlement demand detailed every aspect of the driver’s conduct — her prior collision, her admission of impairment, and her continued operation of the vehicle despite obvious danger. Those facts placed the claim squarely within the category of enhanced damages DUI New Hampshire exposure, signaling to the insurer that a jury could punish such behavior through higher compensatory awards.

Confronted with that risk, the insurer elected to settle for well over the $100,000 policy limit rather than face a jury that would likely award enhanced damages for such egregious conduct.

Two heavily damaged cars on a city street after a crash. Debris scattered on the road. Bright daylight, mood somber and tense.

Building Value Through Narrative

In many personal injury cases, numbers alone do not tell the story. The strength of this DUI injury settlement came from narrative — not billing statements.

Apis Law presented its clients as hardworking professionals whose lives were derailed in seconds. The story captured the fear of a pregnant passenger, the panic of a rollover, and the emotional toll that continued long after the crash. This approach made the insurer see what a jury would: ordinary people suffering extraordinary trauma because someone chose to drive drunk.

By grounding this emotional account in factual, verifiable evidence — the state police report, medical records, and comparative verdicts — the firm gave context to the enhanced damages DUI New Hampshire argument. The story made the law feel real and resulted in a significant personal injury money award for the client.

Results and Broader Lessons

Despite moderate injuries and conservative treatment, Apis Law secured a six-figure settlement above policy limits. The key drivers were:

• Wanton Conduct Allegation: Supported by clear admissions and a criminal conviction.

• Enhanced-Damages Exposure: Properly framed under New Hampshire precedent.

• Narrative Advocacy: A compelling human story backed by documentation.

• Comparative Verdicts: Reference to recent DUI verdicts showing juries’ strong stance against impaired drivers.

This outcome reinforces that enhanced damages in DUI New Hampshire cases are not just about compensation — they are about accountability. Even when medical bills are limited, the moral gravity of the defendant’s actions can justify a higher recovery.

Takeaway for Practitioners and Clients

For anyone injured by a drunk or reckless driver, understanding the availability of enhanced damages is critical.

• Gather proof of wanton conduct early — such as admissions, prior warnings, or prior collisions.

• Plead enhanced compensatory damages to preserve the claim.

• Tell a story that connects the legal theory to human experience.

• Ground emotion in objective evidence to maintain credibility.

In enhanced damages DUI New Hampshire litigation, insurers recognize the risk that juries may amplify verdicts when a defendant shows total disregard for human life. Effective storytelling, backed by fact-based law, is the most powerful tool to compel meaningful compensation.

If You’ve Been Injured by a Drunk or Reckless Driver

Apis Law represents individuals and families injured by impaired drivers throughout New Hampshire. Our firm combines detailed factual investigation with persuasive storytelling to secure results that reflect both the legal and human impact of loss.

If you’ve been harmed in a similar crash, contact Apis Law for a consultation.