Does New Hampshire cap pain and suffering damages?

No. The state Supreme Court struck down damages caps, so there is no cap in ordinary injury or malpractice cases.

Is there a medical malpractice cap?

No. The malpractice cap was declared unconstitutional in Carson v. Maurer.

Are punitive damages allowed?

Generally not, unless a statute specifically provides for them.

What is the limit against the state?

$475,000 per claimant and $3,750,000 per incident under RSA 541-B:14.

Are any wrongful death damages capped?

Yes. A spouse's loss of companionship is capped at $500,000 and a child's or parent's loss of familial relationship at $300,000 per claimant.

States With Caps on Pain & Suffering Damages

By the FigureMyTax Editorial Team · How we calculate

New Hampshire is an uncapped state. Its courts struck down damages caps, and the limits that remain apply to government defendants and certain wrongful death items.

No general cap

New Hampshire once had a medical malpractice damages cap, but the state Supreme Court declared it unconstitutional in Carson v. Maurer. In Brannigan v. Usitalo the court struck down an even larger cap, which applied to all claims for personal injuries. Pain and suffering is for the jury, in malpractice and ordinary injury cases alike.

Punitive damages

New Hampshire generally does not allow punitive damages, so there is no punitive cap to calculate.

The state

Under RSA 541-B:14, claims against a state agency are limited to $475,000 per claimant and $3,750,000 per incident, or the proceeds of an insurance policy if greater, with no punitive damages and written notice to the agency within 180 days.

Cities and towns

Summaries of RSA 507-B:4 put the limit for claims against a local government at $325,000 per person and $1,000,000 per incident.

Wrongful death items

The family's claims for lost companionship in a death case are capped by RSA 556:12, at $500,000 for a spouse and $300,000 per claimant for the loss of familial relationship, since January 1, 2025. The estate's claims are not capped.

Injured in New Hampshire?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a New Hampshire attorney

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Hampshire's rules apply to your specific case with a licensed New Hampshire attorney.