Skip to content
MyClaimWorth
NH
★ New Hampshire · whiplash

Whiplash settlements
in New Hampshire.

By 9 min read

A New Hampshire woman rear ended in April 2013 sued the other driver’s estate in 2017, and the trial court threw the case out as late. The Supreme Court revived it in 2018, because a claim against an estate can run three years from the death. A county inmate riding shackled in a van without seatbelts could not sue the county over that choice.

Facts that decide a whiplash claim in New Hampshire

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)
County vehiclesThe statute waiving immunity for motor vehicle claims does not remove a county’s discretionary function immunity for decisions such as whether to install seatbelts.Maryea v. Velardi (N.H. 2016)
Seat belt useNew Hampshire has no belt law for adults, and not wearing one cannot be used as comparative fault.Thibeault v. Campbell (N.H. 1993); see our seat belt table
★ band · US federal frame
$10,000 to $40,000
Whiplash / soft tissue (1 to 2 years)
Insurance settlement data plus VerdictSearch tabulations

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 whiplash 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 whiplash case in about two minutes, no cost and no obligation.

Check my case
★ NH · reported whiplash outcomes

What New Hampshire courts have awarded.

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

  • Anderson v. Estate of Wood
    New Hampshire Supreme Court · 2018
    Dismissal reversed

    On April 5, 2013, Monica Anderson was in a crash with a car driven by Mary Wood, and she alleged Wood negligently rear ended her. Wood died before suit was brought against her estate, which the trial court dismissed as outside the three years of RSA 508:4. The Supreme Court held the claim was not time barred at Wood’s death and the suit came within three years of it, so the action was timely.

  • Maryea v. Velardi
    New Hampshire Supreme Court · 2016
    Summary judgment for the county affirmed

    In January 2011 Strafford County drove inmate Lynette Maryea, handcuffed and shackled, to federal court in Concord in a van whose back compartment had no seatbelts. The van collided with Velardi’s car and she was hurt. She settled with Velardi. The sheriff had considered and decided against installing belts, and the court held that choice was protected by discretionary function immunity.

★ NH · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in New Hampshire.

  1. 1

    If the other driver dies, check the estate deadline; it may run three years from the death.

  2. 2

    Claims against a county or town face immunity and a 60 day notice rule; act quickly.

  3. 3

    Settling with the driver, as Maryea did, can be the main recovery when a public body is immune.

★ 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.

★ whiplash severity tiers · US frame

How the band stratifies.

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

Severity tierBandBasis
Whiplash / soft tissue (minor)$3,000 to $15,000Settlement aggregates from insurance industry sources
Whiplash / soft tissue (1 to 2 years)$10,000 to $40,000Insurance settlement data plus VerdictSearch tabulations
★ whiplash · 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 whiplash claims.

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

Whiplash band structure and severity tiers at the US level.

★ all 15 countries
Whiplash · everywhere

Cross-jurisdiction comparison of whiplash 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.