How Much is Your Claim Worth?
How Much is Your Claim Worth?
The average car accident settlement in New Hampshire for a moderate injury claim is $51,817. Average payouts range from $9,488 for minor injuries to $561,944 for severe injuries.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $9,488 |
| Moderate Injury | $51,817 |
| Severe Injury | $561,944 |
Payout Range by Severity of Injury |
|
| Minor Injury | $5,750 – $13,511 |
| Moderate Injury | $18,652 – $90,000 |
| Severe Injury | $104,019 – $1,615,000 |
Side-impact collisions are the most common type of traffic accident nationwide, followed by rear-end collisions.²
Average Side-Impact Collision Settlements |
|
|---|---|
| Minor Injury | $8,825 |
| Moderate Injury | $36,217 |
| Severe Injury | $814,883 |
Average Rear-End Accident Settlements |
|
| Minor Injury | $10,484 |
| Moderate Injury | $60,120 |
| Severe Injury | $150,000 |
Neck and back injuries are the most common type of injuries suffered in all kinds of motor vehicle accidents, followed by head injuries.
Seriously injured victims often sustain more than one type of injury. Settlements and jury awards are meant to compensate for all of the victim’s damages, including the pain and suffering that comes from debilitating physical injuries.
Average Neck and Back Injury Settlements |
|
|---|---|
| Minor Injury | $9,776 |
| Moderate Injury | $53,130 |
| Severe Injury | $304,440 |
Average Head Injury Settlements |
|
| Minor Injury | $7,521 |
| Moderate Injury | $49,551 |
| Severe Injury | $425,000 |
Lawyers, juries, and insurance adjusters typically base the value of a personal injury case on the extent of the victim’s physical injuries. A fair injury settlement will cover medical bills, out-of-pocket expenses, lost income, and an amount to compensate for the victim’s pain and suffering.
Car accident victims in New Hampshire usually start by filing an injury claim against the at-fault driver’s auto insurance company. If insurance negotiations fail, or the claim is complicated, the injured victim has the right to file a lawsuit against the at-fault driver, and other liable parties.
An easy way to estimate a fair payout for a minor to moderate injury claim is the “multiple method.”
A multiple of one is reasonable if you spent a few days resting with a heating pad on your back. A multiple of two or three is justified if your injuries disrupted your life for several weeks or months. For example, when a broken leg kept you out of work and essentially housebound all winter.
Serious injury claims are best handled by an experienced personal injury attorney. Your attorney will gather the evidence needed to prove fault, and maximize your compensation by validating your past and future medical bills, lost income, and the significant pain and suffering endured by you and your family.
The average settlement for a car accident claim in New Hampshire is $51,817. Your settlement will depend on the severity of your injuries, shared fault, and available insurance funds.
New Hampshire’s Unfair Insurance Claims Practices statutes require insurers to settle a claim fairly and promptly once liability is reasonably clear.
Also, New Hampshire has a three-year statute of limitations for personal injury claims. Adults must settle their insurance claim or file a personal injury lawsuit within three years of the accident date.
No. New Hampshire is not a no-fault auto insurance state. You have the right to pursue compensation directly from the at-fault driver with an insurance claim or lawsuit.
New Hampshire residents are not required to carry auto insurance. However, drivers must meet New Hampshire motor vehicle financial responsibility requirements or risk having their license suspended.
New Hampshire Rules of Professional Conduct prohibit attorneys from charging unreasonable fees. Personal injury attorneys typically charge a contingency fee between 33 and 40 percent of the final compensation they recover.
Minor car accident injuries generally include soft-tissue injuries like cuts, bruises, sprains and strains. A stiff and sore victim may miss a few days of work, but should fully recover from their injuries within a month.
Type of Injury: Soft tissue injuries to the low back
Type of Accident: Side-impact
Award/Settlement Amount: $5,750
Case Summary: Plaintiff, who was driving a school bus, stopped at a stop sign at a “T” intersection. Defendant made a right turn onto the street where plaintiff was stopped, and struck the left front fender of plaintiff’s bus. Plaintiff had injured her back in a previous accident. Plaintiff alleged that: defendant deviated from his own lane of travel, crossed the yellow line, and scraped the school bus as he was turning; the accident jolted her back and aggravated a pre-existing back problem; and all of her claimed medical costs were attributable to plaintiff’s previous accident. Defendant contended that plaintiff was comparatively negligent in moving forward into the intersection. Further, most of her injuries were attributable to plaintiff’s previous accident. Jury returned a plaintiff verdict for $5,750.
Location: Merrimack County, New Hampshire
Case Name and Docket Number: Moore v. Grau, 2017-0035
Type of Injury: Soft tissue neck, back and shoulder injuries with rotator cuff problems
Type of Accident: Side-impact
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was traveling on a main thoroughfare. Defendant stopped at a stop sign on a side street, pulled out of the side street and collided with plaintiff’s oncoming vehicle. Plaintiff alleged that defendant was negligent in failing to yield the right-of-way. Further, plaintiff suffered soft tissue neck, back and shoulder injuries with rotator cuff problems. He claimed $2,478 in medical specials. Defendant contended that she stopped at the stop sign and looked in both directions before entering the main thoroughfare and that she did not observe plaintiff’s vehicle prior to the accident. Jury ruled in favor of plaintiff.
Location: Hillsborough County, New Hampshire
Case Name and Docket Number: Bartlett v. O’Donnell, 2014–285
Type of Injury: Injury to forehead resulting in 3-4 cm scars; bruised right hip
Type of Accident: Side-impact
Award/Settlement Amount: $6,900
Case Summary: Plaintiff was a passenger in an automobile. The vehicle entered an intersection and collided with a car driven by Defendant. Plaintiff alleged that: his vehicle had the right-of-way and was in the intersection when defendant ran the red light; defendant did not slow down at the intersection; and he sustained an injury to his forehead resulting in 3-4 cm scars and bruised right hip. Defendant did not admit liability, but did not vigorously admit it. Jury returned a plaintiff verdict for $6,900.
Location: Hillsborough County, New Hampshire
Case Name and Docket Number: Pelkey v. Dan’s Used Cars Inc., 2011–144
Type of Injury: Neck and back injuries; temporomandibular joint disorder (TMJ); depression
Type of Accident: Rear-end
Award/Settlement Amount: $8,142
Case Summary: Plaintiff was stopped in a line of traffic at a drive-up bank teller when defendant rear-ended his vehicle. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that he suffered neck and back injuries, temporomandibular joint disorder and depression as a direct result of the accident. Defendant contended that: the impact was not severe enough to result in the injuries alleged by plaintiff; plaintiff had been involved in another accident seven months prior to this accident; and plaintiff’s injuries were not proximately related to the collision. Jury awarded plaintiff $8,142: $ 3,142 economic and $5,000 non-economic damages.
Location: Rockingham County, New Hampshire
Case Name and Docket Number: Krol v. Callioras, 2015-0071
Type of Injury: Soft tissue neck injuries of the cervical spine
Type of Accident: Rear-end
Award/Settlement Amount: $8,281
Case Summary: Plaintiff and defendant were traveling in the same direction. Road conditions were slippery due to an ongoing snowfall. Defendant’s automobile slid into the rear-end of plaintiff’s vehicle. Defendant admitted that he was aware of the slippery conditions. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff contended that she suffered soft tissue injuries of the cervical spine as a result of the collision, resulting in 12% permanent partial disability. Defendant contended that plaintiff had been in a prior accident which resulted in continuing intermittent pain and that half of plaintiff’s medical expenses and disability were attributable to the prior injury. Jury determined that plaintiff’s damages amounted to $8,281.
Location: Rockingham County, New Hampshire
Case Name and Docket Number: Harrington v. Brooks, 2001–106
Type of Injury: Aggravation of preexisting bulging lumbar disc; ruptured disc
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was a front seat passenger in an automobile operated by defendant 1. Defendant2 was driving on an intersecting street. As Defendant2 negotiated a C curve in the road, the traffic light at the intersection of the two streets appeared to be green. The automobile ahead of Defendant2 proceeded into the intersection. When Defendant2 entered the intersection defendant1 struck his vehicle. Plaintiff suffered aggravation of preexisting bulging lumbar disc with a ruptured disc following the accident. Defendant2 contended that: the traffic light appeared to be green; defendant1 was negligent in failing to maintain a proper lookout and in failing to avoid a collision; and plaintiff’s injury was preexisting. Jury allocated 70% comparative negligence to defendant2 and 30% to defendant1. Plaintiff received $10,000.
Location: Rockingham County, New Hampshire
Case Name and Docket Number: Anderson v. Wood, 2017-0559
Type of Injury: Soft tissue neck, back, foot, wrist and knee injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,800
Case Summary: Plaintiff was an inmate riding in a county van when Defendant made a sudden right turn at an intersection, hitting the van broadside. Plaintiff alleged that she suffered soft tissue neck, back, knee, foot and wrist injuries in the collision. Defendant admitted liability and the trial proceeded for assessment of damages. Defendant contended that plaintiff’s injuries were pre-existing and not proximately related to the accident. Jury found that plaintiff’s damages amounted to $10,800.
Location: Merrimack County, New Hampshire
Case Name and Docket Number: Maryea v. Velardi, 2015–0351
Type of Injury: Cervical (neck) spine injury; headaches and radiating numbness
Type of Accident: Rear-end
Award/Settlement Amount: $12,000
Case Summary: Plaintiff was third in a line of vehicles stopped at a traffic light at an intersection. Defendant struck the rear-end of plaintiff’s automobile, causing plaintiff to strike the vehicle ahead of her, which thereafter struck the first automobile in line. Plaintiff was unable to work for thirty days and underwent physical therapy on twenty occasions. Fourteen months thereafter, plaintiff was involved in a second rear-end collision while returning from a physical therapy visit. Plaintiff alleged that her cervical spine injury resulting in chronic stiffness, headaches and radiating numbness were proximately related to the first collision. Defendant contended that: plaintiff’s automobile sustained minimal property damage; plaintiff was not severely injured in the collision; and plaintiff’s injuries had fully resolved. Jury awarded plaintiff $12,000.
Location: Belknap County, New Hampshire
Case Name and Docket Number: Richard v. Pembroke, 2004–064
Type of Injury: Soft tissue neck and back injuries.
Type of Accident: Side-impact
Award/Settlement Amount: $13,000
Case Summary: Plaintiff was traveling on a two lane road. Defendant was driving in the opposite direction. Defendant was attempting to make a left turn when he observed plaintiff’s oncoming vehicle. Defendant attempted to pull back into his lane of travel. The left corner of defendant’s automobile struck the left corner of plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in failing to yield the right-of-way and in driving on the wrong side of the road. Further, plaintiff suffered soft tissue neck and back injuries. Defendant contended that plaintiff was comparatively negligent in traveling at an excessive rate of speed and in failing to take evasive action. Jury returned a plaintiff verdict in the amount of $13,000.
Location: Belknap County, New Hampshire
Case Name and Docket Number: Poland v. Twomey, 2006–763
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $13,511
Case Summary: Plaintiff was traveling in rush hour traffic during a light rainfall. Traffic was stop-and-go. When plaintiff stopped due to traffic ahead, defendant rear-ended his vehicle. Plaintiff alleged that defendant was negligent in following too closely and in failing to pay full time and attention to the operation of his vehicle. Further, he sustained soft tissue neck and back injuries as a direct result of the collision. Defendant contended that: plaintiff came to a sudden stop, creating an emergency situation; the accident was unavoidable; and plaintiff’s injuries were pre existing. Jurors found for plaintiff, awarding him $13,511.
Location: Hillsborough County, New Hampshire
Case Name and Docket Number: Kellner v. Lowney, 99–003
Moderate car accident injuries include more extensive soft tissue injuries, simple fractures, slipped or herniated discs, whiplash, and concussions. Victims may be unable to work for weeks or months and could be left with residual effects from moderate injuries.
Type of Injury: Injuries to her to head, neck, left shoulder, arm, ribs, left leg and knee
Type of Accident: Side-impact
Award/Settlement Amount: $18,652
Case Summary: Plaintiff was driving northbound near an intersection. As she made a left turn at the intersection, a vehicle operated by defendant that was traveling east ran a red light and collided with her vehicle. Plaintiff said she sustained injuries to her to head, neck, left shoulder, arm, ribs, left leg and knee as a result of the accident. The defendant admitted liability, but disputed medical causation and the nature, extent and reasonableness of the damages. The jury returned its verdict, and found that plaintiff in the amount of $18,652.32.
Location: Belknap County, New Hampshire
Case Name and Docket Number: Girard v. Kleinman, 211-2011-CV-00263
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $20,600
Case Summary: Plaintiff was traveling during a light snowfall. The roadway was snow-covered in places. When plaintiff stopped to make a left turn, defendant rear-ended his vehicle, forcing it into oncoming traffic which struck him again. Plaintiff, whose vehicle was totaled in the collision, was taken to the hospital by EMTs and subsequently treated with a chiropractor for soft tissue neck and back injuries. Defendant contended that: she was unable to stop because of the snow on the road; the accident was unavoidable; and plaintiff was exaggerating the extent of his injuries. Jury awarded plaintiff $20,600.
Location: Rockingham County, New Hampshire
Case Name and Docket Number: Paige-Sprince v. Bourassa, 09-C-969
Type of Injury: Thoracic/lumbar spine compression fractures at T10-T11
Type of Accident: Single-vehicle
Award/Settlement Amount: $30,000
Case Summary: Plaintiff was a passenger in an automobile operated by defendant traveling in an easterly direction. As defendant pulled onto an exit ramp, he lost control of his vehicle, resulting in a rollover accident. Plaintiff was removed from defendant’s vehicle by the “jaws of life,” transported to the emergency room and hospitalized for 10 days. He subsequently treated with his father, a chiropractor, for thoracic/lumbar spine compression fractures at T10-T11. Plaintiff’s father neither billed nor documented the treatment plaintiff received. Defendant admitted liability, but contended that plaintiff was exaggerating the extent of his injuries and that plaintiff fully recovered and is able to lead a normal daily life despite his injury. Plaintiff received $30,000 in a jury verdict.
Location: Merrimack County, New Hampshire
Case Name and Docket Number: Holloway v Connor, 2172014CV00676
Type of Injury: Concussion resulting in chronic headaches; forehead bruising; rotator cuff tear to right shoulder with impingement and an acromioclavicular joint sprain
Type of Accident: Side-impact
Award/Settlement Amount: $40,000
Case Summary: Plaintiff drove south, entered an intersection, and her vehicle was struck by a vehicle driven by defendant, who failed to stop for a stop sign controlling his direction of travel. Defendant claimed his view of the stop sign at the intersection was blocked by an oil delivery truck parked on the wrong side of the street that was obstructing the pedestrian crosswalk near the stop sign. The oil delivery truck was owned by co-defendant. Plaintiff suffered a concussion which resulted in chronic headaches, as well as forehead bruising, injuries to her right shoulder including a rotator cuff tear with impingement and an acromioclavicular joint sprain. Defendants denied liability. Jury determined co-defendant was not at fault for the accident, and allocated 100% of the fault to defendant. The panel awarded plaintiff $40,000.
Location: Hillsborough County, New Hampshire
Case Name and Docket Number: Howes v. Absco Heating, 09-C-0121
Type of Injury: Disc herniation at T6-7; cervical and lumbar strain
Type of Accident: Side-impact
Award/Settlement Amount: $50,000
Case Summary: Plaintiff’s vehicle was struck broadside by the defendant’s vehicle during a stop-and-go traffic. The plaintiff contended that the defendant operated the vehicle in a reckless and negligent manner. Further, plaintiff suffered a disc herniation at T6-7, cervical and lumbar strain as a direct result of the collision. The defendant denied any negligence and argued that the plaintiff’s injuries were due to his pre-existing cervical disease and a subsequent motor vehicle accident which he was involved in. The case was settled for a total of $50,000.
Location: Merrimack County, New Hampshire
Case Name and Docket Number: Bergholm v. Parenteau, 2016–0607
Type of Injury: Herniated disc; severe back pain; and right leg pain
Type of Accident: Rear-end
Award/Settlement Amount: $55,000
Case Summary: Defendant failed to stop at a stop sign at an intersection and struck plaintiff’s vehicle. The plaintiff claimed she suffered a herniated disc requiring surgery, severe back pain, and a right leg pain as a result of the accident. The defendant denied liability and contended that the plaintiff’s injuries were pre existing and were not related to the accident. Parties reached settlement in the amount of $55,000 prior to trial.
Location: Hillsborough County, New Hampshire
Case Name and Docket Number: Potter v. Concord Group, 218-2016-CV-00764
Type of Injury: Bulging disc in back at L5-S1 and right shoulder tremor
Type of Accident: Rear-end
Award/Settlement Amount: $60,000
Case Summary: Plaintiff was stopped in traffic when her vehicle was struck from behind by an auto operated by one defendant and owned by the other defendant. Plaintiff was taken by ambulance to Hospital. She was treated and released with advice to consult a neurosurgeon if symptoms persisted. The Court granted a summary judgment in favor of plaintiff on the issue of negligence and the trial continued on the issue(s) of proximate cause and/or damages. Plaintiff claimed that she sustained bulging disc in back at L5-S1 and right shoulder tremor due to defendant driver’s negligence. Defendants contended that plaintiff’s shoulder injury was not proximately related to the auto accident because the onset was five months post-accident. Jury awarded plaintiff $60,000.
Location: Rockingham County, New Hampshire
Case Name and Docket Number: Ferreira v. McFadden, 2021-0158
Type of Injury: Two herniated cervical discs
Type of Accident: Rear-end
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was a passenger in a car operated by her husband traveling. While exiting the ramp, plaintiff’s husband stopped at a red light at the end of the exit ramp. Defendant, operating a leased car, was traveling behind plaintiffs. She was distracted and rear-ended plaintiffs’ vehicle, resulting in minor property damage. Plaintiff suffered two herniated cervical discs in neck requiring two surgeries; one fusion and one disc removal. Defendant contended that: the impact was minimal; plaintiff was involved in prior and subsequent accidents; and plaintiff’s injuries were not proximately related to the subject collision. Jury returned a plaintiff verdict in the amount of $ 75,000.
Location: Hillsborough County, New Hampshire
Case Name and Docket Number: Barbuto v. Peerless, 06-E-0059
Type of Injury: Soft tissue injuries to neck and back
Type of Accident: Head-on
Award/Settlement Amount: $78,914
Case Summary: Plaintiff was traveling. Defendant1 was driving in the opposite direction. Defendant 2, 87 years, was driving in front of plaintiff’s vehicle. Defendant2 made a left turn into a parking lot in front of Defendant1’s oncoming vehicle. Defendant1 swerved to the left to avoid striking defendant2 and struck plaintiff’s vehicle head-on. Plaintiff claimed he suffered soft tissue injuries to neck and back. Defendant2 contended that he stopped and waited for traffic to clear and then looked to his left to see if there was a parking space in the hardware store’s parking lot. He proceeded to turn left without looking forward again and did not hear a crash until he was in the parking lot. Jury allocated 41% comparative negligence to defendant1 and 59% against defendant2. Plaintiff received $78,914.
Location: Belknap County, New Hampshire
Case Name and Docket Number: Weaver v. Stewart, 2015-0335
Type of Injury: Cracking in both sides of teeth; low back and neck pain; numbness in his right leg; headaches
Type of Accident: Rear-end
Award/Settlement Amount: $90,000
Case Summary: The plaintiff contended that the female defendant’s vehicle struck his vehicle from the rear while his vehicle was stopped. Plaintiff claimed he suffered extreme cracking in both sides of teeth, low back and neck pain, numbness in his right leg, and headaches. The parties settled for a total of $90,000.
Location: Rockingham County, New Hampshire
Case Name and Docket Number: Keans v. Kent, 218-2010-CV-01238
Severe car accident injuries can leave the victim with a lifelong disability or disfigurement. Victims of severe accidents can suffer multiple injuries, such as complex fractures, traumatic brain injuries, amputations, degloving injuries, and internal damage. Severe injury victims may be unable to resume their pre-accident work, school, or activities of daily living.
Type of Injury: Sprain/strain of lower back
Type of Accident: Pedestrian
Award/Settlement Amount: $104,019
Case Summary: Plaintiff was dining at a restaurant, seated at a table with his back against an exterior wall. Defendant pulled into the parking lot and struck the wall of the restaurant. The force of the impact threw the plaintiff across the room. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff said he suffered sprain and strain of his lower back as a direct result of the accident, and that he was unable to continue with his ownership of a snow plow and lawn care business due to his injuries. Defendant contended that: the impact was not significant; and any lost income and permanent injuries were not proximately related to the accident. Jury awarded plaintiff $ 104,019.
Location: Rockingham County, New Hampshire
Case Name and Docket Number: Kervin v. Boutin, 2007–243
Type of Injury: Fractured jaw; broken tooth; sprained right knee; numerous lacerations and massive bruising
Type of Accident: Rear-end
Award/Settlement Amount: $150,000
Case Summary: Plaintiff and defendant, a 16 year-old female, were traveling west on a four-lane road which had two lanes of travel in each direction. As plaintiff attempted to make a left turn onto an intersecting street, defendant passed plaintiff’s vehicle on the left. The front portion of plaintiff’s vehicle struck the right rear-panel of defendant’s vehicle. Plaintiff subsequently struck a tree. Plaintiff said he suffered a fractured jaw, broken tooth, sprained right knee, numerous lacerations and massive bruising. Defendant contended that: plaintiff contributorily negligent in attempting to make a left turn without checking her side view mirror; and she was almost past plaintiff’s vehicle when plaintiff made a left turn. Jury allocated 49% comparative fault for the accident to plaintiff, awarding him a net amount of $150,000.
Location: Belknap County, New Hampshire
Case Name and Docket Number: Sharifova v. Riley, 2011–0755
Type of Injury: Lumbar (back) and cervical (neck) radiculitis and spondylolisthesis
Type of Accident: Pedestrian
Award/Settlement Amount: $191,000
Case Summary: Plaintiff pedestrian was walking to his automobile which was parked in a parking lot when he was struck by the driver’s side of an automobile owned by Defendant 1 and operated by Defendant 2. Police officers called to the scene subsequently discovered Defendant 2 walking on a street adjacent to the parking lot. The automobile involved in the collision was still warm and contained gas receipts signed by Defendant 2. Plaintiff claimed he suffered lumbar (back) and cervical (neck) radiculitis and spondylolisthesis. Defendant2 contended that he was not the operator of the vehicle involved in the accident. Defendant1 contended that only defendant2’s friend had permission to operate her vehicle and that plaintiff suffered only 6% permanent partial disability. Jury found for plaintiff in the amount of $191,000.
Location: Hillsborough County, New Hampshire
Case Name and Docket Number: Cunningham v. American Isuzu Motors Inc., 95-C-1053
Type of Injury: Fractured femur resulting in the affected leg being 1 to 1 1/2 inches shorter than the other
Type of Accident: Side-impact
Award/Settlement Amount: $198,400
Case Summary: Plaintiff was driving his vehicle on a main roadway. Defendant pulled out of a driveway and plaintiff collided with defendant’s vehicle. Plaintiff alleged that the defendant was negligent in failing to yield the right-of-way and that the defendant pulled into his path of travel on the main roadway. Plaintiff suffered a fractured femur resulting in the affected leg being 1 to 1 1/2 inches shorter than the other. Defendant contended that he never saw the plaintiff’s vehicle until the collision and that the plaintiff was comparatively negligent in traveling faster than the speed limit. Jury found for plaintiff and awarded him $200,000. Jurors also allocated 20% comparative fault for the accident to plaintiff, resulting in a net verdict of $160,000 plus $38,400 pre-trial interest.
Location: Hillsborough County, New Hampshire
Case Name and Docket Number: Thomas v. New England Motor Car, 73572
Type of Injury: Fracture of the tibial shaft; and medial tibial plateau fracture of her left knee
Type of Accident: Side-impact
Award/Settlement Amount: $224,717
Case Summary: Plaintiff was driving approaching an intersection. As she entered the intersection, defendant failed to stop at a stop sign, resulting in a broadside collision. Plaintiff suffered a fracture of the tibial shaft with a medial tibial plateau fracture of her left knee, requiring open reduction and internal fixation, resulting in venous stasis and a 20 percent to 56 percent impairment. The defendant contended that the plaintiff was driving at an excessive speed and was contributorily negligent for failing to avoid the accident. The defendant further contended that the venous stasis was unrelated to this accident and disputed the degree of impairment. Case was subsequently settled for $224,717.00.
Location: Sullivan County, New Hampshire
Case Name and Docket Number: Wakeman v. Lorandeau, 99-C-1285
Type of Injury: Crush injury to left leg
Type of Accident: Pedestrian
Award/Settlement Amount: $400,000
Case Summary: Plaintiff was participating in a charity car wash. He was standing behind an automobile owned by a third party and in front of defendant’s vehicle. Defendant’s vehicle lurched forward, crushing plaintiff’s left leg between the two vehicles. Plaintiff was eventually able to return to his employment as an administrator. Defendant contended that her vehicle moved forward for unknown reasons. Jury awarded plaintiff $ 400,000.
Location: Rockingham County, New Hampshire
Case Name and Docket Number: Clark v. Miller, 04C328
Type of Injury: Flexion/extension-type injuries to neck and back
Type of Accident: Side-impact
Award/Settlement Amount: $618,300
Case Summary: Plaintiff and defendant were traveling in opposite directions on a highway. Defendant made a left turn in front of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff had an asymptomatic pre existing mild arthritic condition of the lumbar spine. Plaintiff alleged that: defendant was negligent in failing to yield the right-of-way; he suffered flexion/extension-type injuries to his neck and back in the collision; and his preexisting condition became symptomatic and worsened as a result of the injuries sustained in the accident. Defendant contended that: he was not negligent; plaintiff was speeding, failed to pay full time and attention, and braked improperly; and plaintiff’s impairment was proximately caused by injuries sustained before or after this accident. Plaintiff’s award of $687,000 less 10% comparative negligence yielded a net verdict of $618,300.
Location: Hillsborough County, New Hampshire
Case Name and Docket Number: Bujnowski v. Gould, 226-2016-CV-00327
Type of Injury: Fractured knee; ruptured spleen; fractured rib; a head concussion
Type of Accident: Head-on
Award/Settlement Amount: $700,000
Case Summary: Plaintiff was a passenger in an automobile operated by her son traveling north on Route A. Defendant was driving in the opposite direction. A third party was attempting to make a left turn from Route A onto Avenue B across the southbound lanes of Route A when defendant sideswiped her vehicle. Defendant swerved sharply to the right, traveled across a lawn, struck another vehicle, crossed the median, entered the northbound lanes and struck plaintiff’s vehicle head-on. Plaintiff suffered a fractured knee requiring insertion of steel rod, ruptured spleen, fractured rib and a head concussion. Defendant contended that he was traveling only 25 m.p.h. when he struck the third party’s vehicle. Third party settled out for policy limits of $100,000 prior to trial. Plaintiff and defendant settled for $600,000.
Location: Merrimack County, New Hampshire
Case Name and Docket Number: Trull v. Lamprey, 99–441
Type of Injury: Traumatic near-amputation of right foot
Type of Accident: Side-impact
Award/Settlement Amount: $1,418,000
Case Summary: Plaintiff stopped his motorcycle at a traffic light. When the light turned green, plaintiff proceeded to make a left turn. Defendant driver, who was traveling in an auto on an intersecting street, ran a red light and struck plaintiff’s motorcycle. Defendant failed to stop and dragged plaintiff and his motorcycle for some distance. As defendant left the scene, plaintiff obtained his license plate number. Plaintiff’s counsel used private investigation sources and traced the automobile to defendants. Plaintiff suffered a traumatic near amputation of right foot resulting in 50% permanent partial disability of the right foot and ankle. Defendants admitted that defendant wife was the owner of the vehicle involved in the accident, but contended that they were not operating the automobile at the time of the accident. Jury returned a plaintiff verdict for $1,418,000.
Location: Rockingham County, New Hampshire
Case Name and Docket Number: Carignan v. Wheeler, 2005–287
Type of Injury: Fractures to both his legs; a degloving injury and muscle damage to his left leg; permanent scarring to his upper chest and lower abdomen; a left radius and ulnar fracture; right hand and left thumb fractures; a single tooth fracture; road rash; and multiple contusions and abrasions
Type of Accident: Side-impact
Award/Settlement Amount: $1,615,000
Case Summary: As plaintiff drove his motorcycle south, defendant drove his vehicle north and turned left directly into his path. The plaintiff contended the defendant failed to yield for oncoming traffic, and crossed into his path. Further, plaintiff suffered fractures to both his legs, with a degloving injury and muscle damage to his left leg which required skin grafts and resulted in permanent scarring to his upper chest and lower abdomen where muscle had been removed, among other injuries. Defendant contended he was startled by non-party vehicle, he reacted reasonably during the turn, did not see the plaintiff and the accident was not his fault. Jury found plaintiff was found 5% at fault and his award of $1,700,000 was reduced accordingly in judgment to $1,615,000.
Location: Rockingham County, New Hampshire
Case Name and Docket Number: Robitaille v. Roy, 09-CV-783
We analyzed a group of actual New Hampshire lawsuits filed by injured car accident victims. All plaintiffs in the group received a court award or settled their case before trial. In a few cases, the injured plaintiff shared some blame for the accident. The Award amount reflects the final payout after adjusting for shared fault.
Cases include collisions involving cars, trucks, motorcycles, and bicycles. Victims include drivers, passengers, and pedestrians, including one man who was inside a restaurant when a moving vehicle crashed through the wall.
In some cases, the plaintiff sued more than one defendant, such as more than one-at-fault driver.
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