New Hampshire: Economic vs. Non-Economic Damages Guide

In most capped states, this split decides what's limited. In New Hampshire, neither side of it ever is — a genuine rarity worth understanding on its own terms.

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In a New Hampshire personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: the subjective losses

Non-economic damages cover the losses that don't come with a receipt: pain, suffering, and similar nonpecuniary harm. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented economic figure into a reasoned estimate of the non-economic side.

Why this split matters less in New Hampshire than almost anywhere else

In a state with a noneconomic damages cap, this split is often the single most consequential fact about a claim — it determines which dollars are limited and which aren't. New Hampshire has no such cap for any type of personal injury claim; its Supreme Court has struck down three separate attempts at one since 1980. Both economic and noneconomic damages pass through in full, whatever their size, which genuinely changes what this split means for a New Hampshire claim compared to most other states.

It still matters — just for a different reason

The split hasn't disappeared as a practical matter. Economic damages are proven with bills, pay stubs, and expert projections of future costs; noneconomic damages are argued through a valuation method like the multiplier approach. The distinction still shapes how a claim is built and presented — it just doesn't determine a ceiling the way it would in a capped state.

Fault treats both categories the same way

New Hampshire's 51% bar doesn't distinguish between economic and non-economic damages. Both categories are reduced by the same fault percentage, and neither is ever barred entirely unless the claimant's own fault crosses the 51% threshold.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in a New Hampshire personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in a New Hampshire personal injury claim?

Non-economic damages are nonpecuniary harm — pain, suffering, and similar losses that don't come with a dollar receipt.

Why does this split matter less in New Hampshire than in most capped states?

Because neither category is ever capped here. In states with a noneconomic damages cap, this split determines what's limited; in New Hampshire, both economic and noneconomic damages pass through in full regardless of size.

Does this split still matter at all in New Hampshire?

Yes, for how the claim is documented and proven — economic damages with bills and records, noneconomic damages through a method like the multiplier approach — just not for what can ultimately be recovered.

Does New Hampshire's fault rule treat the two categories differently?

No. New Hampshire's 51% bar applies to the claim as a whole, reducing or barring both economic and noneconomic damages together rather than treating one category differently from the other.

This page provides general guidance only and is not legal advice. Figures are based on New Hampshire case law on damages caps, verified per our methodology. Confirm what counts toward a specific claim with a licensed New Hampshire attorney before acting.