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★ New Hampshire · head & brain

Head & brain settlements
in New Hampshire.

By 9 min read

An alarm technician driving a company van home from a job in Berlin flipped into the median and suffered a concussion and a fractured neck. After his later suicide, the Compensation Appeals Board awarded death benefits to his estate, and the Supreme Court affirmed in 2021. A college vice president who hit her head on ice saw her benefits reduced.

Facts that decide a head & brain claim in New Hampshire

Suicide after a work injuryDeath benefits turn on “an unbroken chain of causation from the work-connected injury to the suicide.”Appeal of Pelmac Industries (N.H. 2021)
Cutting comp benefitsThe carrier “bears the burden of proof to demonstrate that such a reduction or termination is warranted by a change in condition.”RSA 281-A:48, I, quoted in Appeal of Malo (N.H. 2017)
Claims against townsNotice to a town within 60 days by registered mail; towns are capped at $325,000 per person and $1 million per incident, the State at $475,000 per claimant.RSA 507-B:7, 507-B:4, 541-B:14; see our notice table
★ band · US federal frame
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

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

★ NH · reported head & brain outcomes

What New Hampshire courts have awarded.

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

  • New Hampshire Supreme Court · 2021
    Death benefits affirmed

    On June 5, 2018, an alarm installer driving the company van home from a two day job in Berlin crossed the road, went into the median and flipped. He suffered head lacerations, a fractured neck, a concussion, a torn rotator cuff and broken ribs, and spent five days in hospital. After his death by suicide, the board awarded his estate death benefits. The court rejected the carrier’s arguments.

  • New Hampshire Supreme Court · 2023
    Reduction to diminished earning capacity rate affirmed

    In November 2017 Fran Rancourt, a vice president at the Community College System, slipped on ice and hit her head, needing 11 staples. She saw a concussion specialist, had a brain MRI and saw a vision specialist, and received temporary total disability. The board granted the carrier’s request to reduce her to the diminished earning capacity rate, and the court affirmed.

★ NH · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in New Hampshire.

  1. 1

    Driving a company van home can be part of the job; Pelmac’s crash counted as work related.

  2. 2

    Get concussion symptoms documented by a specialist, as Rancourt did.

  3. 3

    Expect the carrier to seek a lower rate once you are released to some work, as in Rancourt.

★ 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.

★ head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. New Hampshire courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · 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 head & brain claims.

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

Common questions.

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

★ 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.