New Hampshire Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — NEW HAMPSHIRE

FOR SETTLEMENT PURPOSES ONLY — ADMISSIBILITY GOVERNED BY N.H. R. EVID. 408

Date: [__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

SENDER (Attorney/Law Firm)

RECIPIENT (Insurance Adjuster/Claims Department)

CLAIMANT INFORMATION

I. INTRODUCTION AND PURPOSE

Dear [________________________________]:

This office represents [________________________________] ("Claimant") in connection with personal injuries sustained in a [☐ motor vehicle collision ☐ slip and fall ☐ premises liability incident ☐ product liability ☐ other: ________________________________] that occurred on [__/__/____] in [________________________________], New Hampshire. This letter constitutes a formal demand for settlement of all liability claims against your insured, [________________________________] ("Tortfeasor/Defendant"), arising from the above-referenced incident.

This demand concerns a New Hampshire tort claim subject to the comparative-fault comparison in RSA 507:7-d. If and to the extent this communication constitutes compromise negotiations concerning a disputed claim, N.H. R. Evid. 408 limits specified uses to prove liability for, invalidity of, or the amount of the claim. The rule preserves other-purpose use and otherwise admissible evidence, and does not itself make this ordinary demand confidential or privileged. Nothing herein shall be construed as a waiver of any rights, claims, or causes of action.

Claimant has authorized this office to negotiate and settle all claims. A signed letter of representation is enclosed.

II. STATUTORY FRAMEWORK — NEW HAMPSHIRE LAW

Key Provisions Applicable to This Claim

1. Comparative Fault (RSA 507:7-d) — Contributory fault does not bar recovery when plaintiff fault is not greater than defendant fault, or aggregate defendant fault if recovery is allowed against more than one defendant. Allowed damages are diminished in proportion to plaintiff fault.

2. General Personal-Injury Damages — Ordinary personal-injury compensatory damages are not subject to RSA 556:12. In a death action, however, RSA 556:12 caps a surviving spouse's relationship award at $500,000 and specified minor-child/parent relationship awards at $300,000 per claimant.

3. No Traditional Punitive Damages — New Hampshire does not allow traditional punitive damages unless authorized by statute. However, courts may award enhanced compensatory damages when the defendant's conduct was wanton, malicious, or oppressive. These are compensatory in nature, reflecting the aggravating circumstances of the defendant's conduct.

4. Identify actual coverage — Verify the tortfeasor's and claimant's policies before stating available limits. RSA 264:15(I) applies to the policies described there for New Hampshire-registered or principally garaged vehicles, subject to paragraph I-a's commercial non-owned-vehicle exception and the separate umbrella or excess policy rejection provision.

III. FACTUAL BACKGROUND

A. The Incident

On [__/__/____], at approximately [____:____ ☐ AM ☐ PM], Claimant was [________________________________] at or near [________________________________] (exact location), in [________________________________], [________________________________] County, New Hampshire.

At that time, Tortfeasor was operating a [____] [________________________________] [________________________________] (year/make/model), bearing [☐ New Hampshire ☐ Other state: ________________________________] license plate number [________________________________], traveling [☐ northbound ☐ southbound ☐ eastbound ☐ westbound] on [________________________________].

Description of the incident:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Emergency Response

C. Police Report Summary

The police report [☐ does ☐ does not] indicate that Tortfeasor was cited for [________________________________] under New Hampshire RSA § [________________________________].

Contributing factors noted in report:

☐ Failure to yield right of way (RSA 265:29)
☐ Following too closely (RSA 265:25)
☐ Improper lane change
☐ Running red light/stop sign (RSA 265:9)
☐ Excessive speed (RSA 265:60)
☐ Distracted driving / Texting while driving (RSA 265:79-c)
☐ DWI (RSA 265-A:2)
☐ Reckless driving (RSA 265:79)
☐ Operating without insurance (financial responsibility)
☐ Failure to signal
☐ Weather/road conditions (ice, snow, black ice)
☐ Wildlife collision (moose, deer)
☐ Other: [________________________________]

D. Witness Information

E. Scene Evidence

☐ Photographs of the accident scene
☐ Photographs of vehicle damage
☐ Video/dashcam footage
☐ Surveillance camera footage
☐ Traffic signal/camera data
☐ Skid mark measurements
☐ Accident reconstruction report
☐ Weather and road condition reports (NHDOT records)
☐ Property damage estimates/repair records
☐ Event data recorder (EDR/"black box") data

IV. LIABILITY ANALYSIS

A. New Hampshire Negligence Standard

Under New Hampshire law, a negligence plaintiff must show that the defendant owed the plaintiff a duty, breached it, and proximately caused the plaintiff's injuries. Macie v. Helms, No. 2006-792 (N.H. Sept. 21, 2007).

B. Tortfeasor's Negligence

Your insured was negligent in the following respects:

☐ Failed to maintain a proper lookout
☐ Failed to yield the right of way in violation of RSA [________________________________]
☐ Operated the vehicle at an excessive speed in violation of RSA 265:60
☐ Followed too closely in violation of RSA 265:25
☐ Failed to obey a traffic control device in violation of RSA 265:9
☐ Operated the vehicle while impaired in violation of RSA 265-A:2
☐ Engaged in distracted driving/texting in violation of RSA 265:79-c
☐ Drove recklessly in violation of RSA 265:79
☐ Failed to maintain financial responsibility (no insurance)
☐ Failed to use due care and caution under the circumstances
☐ Negligent maintenance of premises (premises liability)
☐ Other: [________________________________]

C. New Hampshire Comparative Fault (RSA 507:7-d)

New Hampshire applies the comparative-fault rule in RSA 507:7-d. The statute provides:

"Contributory fault shall not bar recovery in an action by any plaintiff or plaintiff's legal representative, to recover damages in tort for death, personal injury or property damage, if such fault was not greater than the fault of the defendant, or the defendants in the aggregate if recovery is allowed against more than one defendant, but the damages awarded shall be diminished in proportion to the amount of fault attributed to the plaintiff by general verdict."

In practical terms:

• If Claimant's fault is not greater than defendant fault, or qualifying aggregate defendant fault, any allowed damages are reduced by claimant fault
• If Claimant's fault is greater than the governing defendant fault comparison, recovery is barred
• The party alleging that another party bears fault has the burden to prove the existence and amount of that fault

Claimant bears no fault for this incident. The evidence establishes that Tortfeasor was solely responsible:

[________________________________]
[________________________________]
[________________________________]

D. Joint and Several Liability (RSA 507:7-e)

New Hampshire applies a hybrid system for joint and several liability:

• Parties found to be less than 50% at fault: Liability is several only and limited to the damages attributable to that party
• Parties not within the less-than-50% exception: Judgment remains subject to New Hampshire's rules of joint and several liability
• Common-plan exception: Parties found to have knowingly pursued or actively participated in a common plan or design resulting in the harm are jointly and severally liable under RSA 507:7-e, I(c)

V. INJURIES AND MEDICAL TREATMENT

A. Initial Emergency Treatment

Date: [__/__/____]
Facility: [________________________________] Hospital/Emergency Department
Treating Physician(s): [________________________________], M.D.

Chief Complaints Upon Presentation:

[________________________________]
[________________________________]

Emergency Diagnosis:

☐ Concussion / Traumatic brain injury (TBI)
☐ Cervical spine strain/sprain (whiplash)
☐ Thoracic spine strain/sprain
☐ Lumbar spine strain/sprain
☐ Herniated/bulging disc(s) at [________________________________]
☐ Fracture(s): [________________________________]
☐ Dislocation: [________________________________]
☐ Ligament tear(s): [________________________________]
☐ Meniscus/cartilage tear
☐ Rotator cuff tear
☐ Contusions/abrasions
☐ Lacerations requiring sutures
☐ Internal organ injury
☐ Rib fracture(s)
☐ Hypothermia/cold-related injury (seasonal)
☐ Post-traumatic stress disorder (PTSD)
☐ Other: [________________________________]

Diagnostic Studies Performed:

☐ X-ray: [________________________________]
☐ CT Scan: [________________________________]
☐ MRI: [________________________________]
☐ Ultrasound: [________________________________]
☐ EEG/EMG/NCV: [________________________________]

Emergency Treatment Provided:

☐ Immobilization (cervical collar, splint, brace)
☐ Wound closure (sutures, staples, adhesive)
☐ Medications administered
☐ Admitted to hospital for [____] days
☐ Air transport (DHART) to [________________________________]
☐ Discharged with prescriptions and follow-up instructions

B. Hospitalization (If Applicable)

C. Surgical Intervention (If Applicable)

D. Follow-Up Medical Treatment

Primary Care Physician:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Orthopedic Specialist:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Neurologist/Neurosurgeon:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Pain Management:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]
• Procedures: ☐ Epidural injections ☐ Facet joint injections ☐ Nerve blocks ☐ Trigger point injections ☐ Radiofrequency ablation ☐ Spinal cord stimulator

Chiropractic Care:

• Name: [________________________________], D.C.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Physical Therapy:

• Name/Facility: [________________________________]
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Sessions: [____]
• Treatment Summary: [________________________________]

Psychological/Psychiatric Treatment:

• Name: [________________________________], [☐ Ph.D. ☐ Psy.D. ☐ M.D. ☐ LICSW ☐ LCMHC]
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Sessions: [____]
• Diagnoses: ☐ PTSD ☐ Anxiety disorder ☐ Depression ☐ Adjustment disorder ☐ Other: [________________________________]

E. Current Condition and Prognosis

Claimant's current condition as of [__/__/____]:

☐ Claimant has reached Maximum Medical Improvement (MMI)
☐ Claimant continues to require ongoing medical treatment
☐ Claimant has permanent impairment rated at [____]% whole person

Permanent Restrictions/Limitations:

[________________________________]
[________________________________]

Future Medical Treatment Anticipated:

☐ Continued physical therapy: estimated [____] sessions at $[____] per session
☐ Additional surgery: [________________________________], estimated cost $[________________________________]
☐ Long-term pain management: estimated $[____] per year for [____] years
☐ Long-term medication: estimated $[____] per month
☐ Assistive devices/DME: $[________________________________]
☐ Home modification: $[________________________________]
☐ Future diagnostic imaging: $[________________________________]
☐ Life care plan prepared by [________________________________], estimated lifetime cost: $[________________________________]

VI. DAMAGES CALCULATION

A. Economic Damages (Past)

Note: New Hampshire imposes NO statutory cap on economic or non-economic damages in general personal injury cases. New Hampshire does not allow traditional punitive damages, making full compensatory recovery essential.

B. Economic Damages (Future)

C. Non-Economic Damages

New Hampshire imposes NO statutory cap on non-economic damages in general personal injury cases.

D. Damages Summary

VII. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

New Hampshire Financial Responsibility Requirements (RSA 259:61; RSA 264):

• $25,000 per person / $50,000 per accident (bodily injury)
• $25,000 property damage

IMPORTANT NOTE: New Hampshire is the only state that does not mandate automobile insurance. However, drivers who cause accidents must demonstrate financial responsibility. If Tortfeasor was uninsured, Claimant's UM coverage becomes the primary source of recovery.

☐ Tortfeasor was insured at the time of the accident
☐ Tortfeasor was uninsured — UM claim is being pursued against Claimant's carrier

B. Claimant's UM/UIM Coverage

☐ UM/UIM claim is being made or reserved
☐ UM/UIM claim is not applicable at this time

Note: For a policy covered by RSA 264:15(I), confirm its actual uninsured-motorist terms and limits. Paragraph I-a excludes the specified commercial non-owned-vehicle coverage requirement, and paragraph I separately allows a named insured to reject equal-limit umbrella or excess uninsured-motorist coverage in writing. Do not presume that every policy has the same coverage.

C. MedPay/Additional Coverage

VIII. PREJUDGMENT INTEREST (RSA 524:1-d)

Under RSA 524:1-d, prejudgment interest accrues from the date of the writ or complaint (i.e., from the date the action is commenced).

Key Provisions:

• Accrual Date: Date of the writ or complaint
• Rate: The annual simple rate of interest on judgments, including prejudgment interest, is the prevailing discount rate of interest on 26-week United States Treasury bills at the last auction preceding the last day of September each year, plus 2 percentage points, rounded to the nearest tenth of a percentage point (RSA 336:1)
• The rate is adjusted annually

Should this matter proceed to litigation, Claimant will seek prejudgment interest from the date of filing through judgment satisfaction.

Projected prejudgment interest:

IX. ENHANCED COMPENSATORY DAMAGES

☐ Not applicable — The facts do not support enhanced compensatory damages.

☐ Applicable — The following conduct supports enhanced compensatory damages.

New Hampshire does not allow traditional punitive damages unless authorized by a specific statute. However, New Hampshire courts have recognized the award of enhanced compensatory damages when the defendant's conduct was wanton, malicious, or oppressive.

Enhanced compensatory damages are compensatory in nature, reflecting the aggravating circumstances of the defendant's conduct. They compensate the plaintiff for the enhanced injury caused by particularly egregious behavior.

Description of wanton, malicious, or oppressive conduct:

☐ DWI (RSA 265-A:2)
☐ Extreme reckless driving (RSA 265:79)
☐ Conscious and deliberate disregard for safety
☐ Texting while driving at high speed
☐ Hit and run/leaving the scene (RSA 264:25)
☐ Driving with known vehicle defect
☐ Operating without any insurance or financial responsibility
☐ Other: [________________________________]

[________________________________]
[________________________________]

X. SETTLEMENT DEMAND

A. Demand Amount

Based upon the injuries sustained, the medical treatment required, the economic losses incurred, the non-economic damages suffered, and all applicable provisions of New Hampshire law, Claimant hereby demands the sum of:

$[________________________________]

in full and final settlement of all liability claims against your insured arising from the [__/__/____] incident.

B. Demand Components

C. Response Deadline

This demand shall remain open for thirty (30) calendar days from the date of receipt. If your office fails to respond with a reasonable settlement offer within this period, Claimant will proceed with filing a civil action in the appropriate New Hampshire Superior Court without further notice.

D. Settlement Conditions

Any settlement is contingent upon:

☐ Full payment of the demanded amount
☐ Release of Claimant's claims against Tortfeasor only
☐ No admission of liability clause acceptable
☐ Resolution of all applicable liens (Medicare, Medicaid, ERISA, health insurance subrogation)
☐ Other: [________________________________]

XI. RESERVATION OF RIGHTS

Claimant expressly reserves all rights, claims, and causes of action not specifically addressed in this demand, including but not limited to:

☐ Claims against additional tortfeasors (jointly and severally liable if >50% at fault)
☐ UM/UIM claims against Claimant's own carrier
☐ Enhanced compensatory damages claims
☐ Wrongful death claims (RSA 556:7), if applicable
☐ Claims under the New Hampshire Consumer Protection Act (RSA 358-A)
☐ Claims for bad faith insurance practices
☐ Claims for additional damages discovered after this demand
☐ Any and all rights to proceed with litigation, including jury trial

NOTICE REGARDING STATUTE OF LIMITATIONS: RSA 508:4 generally requires a covered personal action within three (3) years of the act or omission complained of, subject to its injury-and-causal-relationship discovery provision and any different law. Act or omission date: [__/__/____]. Separately verified discovery, tolling, and public-entity analysis: [________________________________]. Calculated filing date: [__/__/____]. The injury date alone does not establish that deadline.

XII. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

Medical Records and Bills

☐ Emergency room records and billing — [________________________________]
☐ Hospital admission/discharge records — [________________________________]
☐ Air transport (DHART) records — [________________________________]
☐ Surgical records and operative reports — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Orthopedic specialist records — [________________________________]
☐ Neurological records — [________________________________]
☐ Pain management records — [________________________________]
☐ Chiropractic records — [________________________________]
☐ Physical therapy records — [________________________________]
☐ Psychological/psychiatric records — [________________________________]
☐ Diagnostic imaging reports (X-ray, MRI, CT) — [________________________________]
☐ Prescription records/pharmacy printout — [________________________________]
☐ Medical bills summary — [________________________________]
☐ Life care plan — [________________________________]

Liability/Investigation Documents

☐ Police/crash report — Report #[________________________________]
☐ Photographs of accident scene
☐ Photographs of vehicle damage
☐ Photographs of injuries
☐ Witness statements
☐ Accident reconstruction report
☐ Video/dashcam footage (available upon request)
☐ Traffic citation(s)
☐ NHDOT road condition/weather data

Income/Employment Documentation

☐ Employer verification of lost wages letter
☐ Tax returns ([____], [____], [____])
☐ Pay stubs (pre-accident and post-accident)
☐ Vocational assessment/rehabilitation report
☐ Disability determination

Insurance Documentation

☐ Declarations page — Tortfeasor's policy (or confirmation of no insurance)
☐ Declarations page — Claimant's UM/UIM policy
☐ Health insurance Explanation of Benefits (EOBs)
☐ Medicare/Medicaid conditional payment letter
☐ ERISA lien documentation

Other

☐ Letter of representation
☐ HIPAA authorization
☐ Signed medical releases
☐ Property damage estimate/repair invoice
☐ Rental car receipts
☐ Other: [________________________________]

XIII. SIGNATURE AND CERTIFICATION

I certify that the information provided in this demand letter is true and accurate to the best of my knowledge and belief, based upon the medical records, documentation, and information obtained during our investigation of this matter.

Respectfully submitted,

______________________________________

[________________________________], Esq.
Attorney for Claimant
New Hampshire Bar Association Number [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], New Hampshire [____]
Tel: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]

Date: [__/__/____]

XIV. SOURCES AND REFERENCES

New Hampshire Statutes (RSA)

• RSA 259:61 — Motor Vehicle Liability Policy Definition
• RSA 264:15 — Uninsured/Hit-and-Run Motorist Coverage
• RSA 264:25 — Leaving Scene of Accident
• RSA 265:25 — Following Too Closely
• RSA 265:60 — Speed Regulations
• RSA 265:79 — Reckless Driving
• RSA 265:79-c — Use of Mobile Electronic Devices While Driving
• RSA 265-A:2 — DWI Offenses
• RSA 336:1 — Rate of Interest on Judgments
• RSA 358-A — Consumer Protection Act
• RSA 507:7-d — comparative fault with conditional aggregate comparison
• RSA 507:7-e — Joint and Several Liability
• RSA 508:4 — Statute of Limitations (3-Year Personal Injury)
• RSA 524:1-d — Prejudgment Interest
• RSA 556:7 — Wrongful Death Actions
• RSA 556:11 — Wrongful Death Statute of Limitations
• RSA 556:12 — Wrongful Death Damages ($500,000 spouse cap; $300,000 per specified minor-child/parent claimant, effective January 1, 2025)

Key New Hampshire Cases

• Macie v. Helms, No. 2006-792 (N.H. Sept. 21, 2007) — Negligence elements: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-12/macie136.pdf

New Hampshire Resources

• New Hampshire General Court (Legislature): https://www.gencourt.state.nh.us
• New Hampshire Judicial Branch: https://www.courts.nh.gov
• New Hampshire Insurance Department: https://www.insurance.nh.gov