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★ New Hampshire · fracture

Fracture settlements
in New Hampshire.

By 9 min read

A mail handler’s leg was shattered when a 3,000 to 5,000 pound mail canister rolled onto it at a loading dock. The jury put 6 percent of fault on him and 4 percent on FedEx, and the Supreme Court held he could still recover. A gym member who broke her wrist tripping on an uneven walkway lost because of the release in her membership agreement.

Facts that decide a fracture claim in New Hampshire

Fault ruleYour fault is compared with the combined fault of everyone to blame, including an immune employer; in Ocasio a 6 percent share did not bar recovery against a 4 percent defendant.RSA 507:7-d, :7-e; Ocasio v. Federal Express (N.H. 2011)
Gym releasesA liability release in a membership agreement can bar a negligence claim for an injury at the gym.Ladue v. Pla-Fit Health (N.H. 2020)
Deadline to sueThree years for most personal injury claims; if the person at fault dies first, a suit against the estate can be brought within three years of the death.RSA 508:4, 556:11; Anderson v. Estate of Wood (N.H. 2018)
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. New Hampshire's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your fracture claim in New Hampshire. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

Check my case
★ NH · reported fracture outcomes

What New Hampshire courts have awarded.

Real New Hampshire decisions and verdicts, each linked to the court record or official report.

  • Ocasio v. Federal Express Corp.
    New Hampshire Supreme Court · 2011
    Judgment for FedEx reversed

    In February 2002 Alfred Ocasio was pulling air cans of mail from a FedEx trailer when his leg caught in a gap at the dock and a rolling can shattered the bones. Surgery saved the leg but it is of limited use, and he lost his job. The jury split fault 90 percent to his employer, 6 percent to him and 4 percent to FedEx. The court held the fault shares must be combined, so he could recover.

  • Ladue v. Pla-Fit Health
    New Hampshire Supreme Court · 2020
    Summary judgment for the gym affirmed

    Theresa Ladue joined a Planet Fitness in Nashua in April 2017. She tripped on an uneven walkway and her arm struck an uncovered bolt on a chain link fence, leaving a gash and a broken wrist. The trial court held her claim was barred by the release in her membership agreement, and the Supreme Court affirmed.

★ NH · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in New Hampshire.

  1. 1

    Read any release you signed; in Ladue it ended the case.

  2. 2

    An immune employer’s fault counts in the comparison, which helped Ocasio.

  3. 3

    A third party at a workplace, like the carrier whose trailer Ocasio unloaded, can be sued outside comp.

★ NH · statute of limitations
3 years from date of injury

N.H. Rev. Stat. § 508:4

★ NH · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How New Hampshire's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
New Hampshire · you are hereModified comparative, 51% bar3 years from date of injury—
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · fracture →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · fracture →
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture →
VermontModified comparative, 51% bar3 years from date of injuryVT · fracture →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · fracture →
OhioModified comparative, 51% bar2 years from date of injuryOH · fracture →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · fracture →
OregonModified comparative, 51% bar2 years from date of injuryOR · fracture →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
New MexicoPure comparative negligence3 years from date of injuryNM · fracture →
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture →
★ NH · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of NH
New Hampshire overview

Fault rule, statute, caps, and key facts for New Hampshire as a whole.

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for New Hampshire's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in New Hampshire. See /methodology, /sources, and /disclaimer.