Jury Verdict Research reports that the median compensation award in personal injury trials in New Hampshire is $45,000. This is much higher than the national median of $38,460. Also, New Hampshire personal injury victims are more likely to prevail at trial. New Hampshire plaintiffs get a recovery in 63% of cases that go to a verdict, as opposed to the nationwide recovery probability of 55%.
In Maryland, the median personal injury verdict is only $12,813. Why don’t our personal injury lawyers pack up and leave Maryland for New Hampshire?
Besides the frigid weather, Maryland’s jury verdicts are distorted by the defense lawyers from State Farm and Allstate, the two largest auto insurance providers in Maryland, who routinely “bump up” smaller claims to jury trials.
If a personal injury lawyer in Maryland files on behalf of a client in District Court for more than $10,000, the insurance company’s lawyers may remove the case to Circuit Court, requiring a jury trial.
This practice leads to small claims type cases being tried by Maryland juries, leading to smaller median awards. Among cases in Maryland that belong in Circuit Court, we believe the median verdicts are much higher than $12,813. Our firm has never received a jury award less than $36,000.
New Hampshire Verdicts and Settlements
Here are a few verdicts and settlements from the Granite State:
- 2018, New Hampshire, $400,000 Verdict. A man arrived at the emergency department with a swollen eye. The physician’s assistant recommended an anti-inflammatory injection to his eye. He advised the administering nurse that he was terrified of needles. The nurse dismissed his comments and injected the medication. The man experienced a vasovagal syncope and fainted. He fell on his face on the floor. The man suffered a jaw fracture, a gum line injury, and a permanent nerve injury to the area below his chin. He sued the hospital, alleging that the nurse failed to assess before making him stand up and walk. The Rockingham County jury awarded him $400,000.
- 2018, New Hampshire: $159,900 Verdict. Three people visited the town of Lancaster for a wedding. Two of them were teenagers, and one of them was one of the teens’ father. They were staying at a hotel. On the night of the wedding, the two teenagers were walking around the hotel’s property. They failed to notice a retaining wall, and walked over it. One of the teenagers fell several feet onto the ground and was knocked unconscious. She also suffered a traumatic brain injury. The other teenager suffered a soft-tissue injury and screamed for help. Her father came outside to aid them. He also ran over the retaining wall, fell, and sustained injuries. They sued the hotel for creating hazardous conditions outside. The man’s wife also had a loss of consortium claim. The hotel denied fault, claiming that they were drinking and chose to walk outside without a flashlight. A Concord jury awarded the teen knocked unconscious $120,000, the other teen $8,900, the man $21,000, and the wife $10,000. The verdict totaled $159,900.
- 2018, New Hampshire: $9,000,000 Verdict. A pedestrian was struck by a car as she walked down the street, unprotected, in Hampton Beach. The driver fell asleep before the collision. She suffered an esophagus injury that made it difficult for her to eat, swallow, and speak. The driver received a second-degree assault conviction. The woman sued the driver, the State of New Hampshire, and the state’s contractor. She sued the contractor for closing a sidewalk, which forced pedestrians to walk along an unprotected side. They closed the sidewalk to accommodate a seawall construction project. The woman argued that the state was liable because they approved the plan. After a two-week trial, the Rockingham County jury assigned 40 percent liability to the state, 30 percent liability to the driver, and 30 percent liability to the contractor. They awarded $9,000,000 in damages. This consisted of $8,500,000 to the woman and $500,000 to her husband.
- 2017, New Hampshire: $21,000 Verdict. A woman suffered a cervical strain that indicated whiplash after her vehicle was rear-ended. The other driver traveled about 40 miles per hour before the collision. The woman sued the driver, alleging that she failed to keep her eyes on the road, failed to stop. Liability was denied by the other driver. The Rockingham County jury awarded her a $21,000 verdict. This exclusively consisted of pain and suffering.
- 2017, New Hampshire: $17,000 Verdict. A woman suffered the exacerbation of her pre-existing neck injury and whiplash while she was a passenger in a rear-ended vehicle. She sued the tortfeasor for failing to control her vehicle, failing to come to a complete stop, and failing to avoid collision. The driver denied liability and contended the nature and extent of the woman’s injuries. A Hillsborough County jury awarded the woman $17,000, exclusively in pain and suffering.
- 2016, New Hampshire: $5,029,142 Verdict. A woman suffered macular degeneration to both her eyes. She would ultimately become legally blind in both eyes. The woman alleged that her ophthalmologist did not conform to standards of care. She claimed that he delayed care and injected steroids in her right eye. However, she suffered from glaucoma, which meant that the steroids increased pressure in her eye. This would cause her retina to separate and cause blindness. She and her husband sued the ophthalmologist for negligence and loss of consortium. The Rockingham County jury awarded $5,029,142.