Workers' Compensation Economic Damages Expert in New Hampshire

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for workers' compensation cases venued in New Hampshire: the components the loss claim consists of, the records that drive them, and a present value built to New Hampshire's damages rules and venues. Plaintiff and defense.

A workers' compensation economic analysis values the future indemnity and medical benefits at issue in a settlement, measures the wage loss that determines a benefit, or quantifies the loss in a third-party action, each structured to the question the compensation system asks. Read the full workers' compensation analysis guide.

New Hampshire courts and expert standards

New Hampshire courts screen expert testimony for reliability under a statutory standard: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report is written to that inquiry, with every rate and table traced to a published source.

Where these cases are heard

Highest court: New Hampshire Supreme Court. Federal venues: D.N.H. Court system: courts.state.nh.us.

Compensation forum: New Hampshire Department of Labor, Workers' Compensation Division. Third-party actions arising from the same injury proceed in the civil courts listed above, and the report separates what the compensation system pays from what the civil claim adds.

Damages framework

New Hampshire treats a death claim as the decedent's own action carried on by the estate: recovery includes the decedent's pain and suffering, medical and funeral expenses, and the probable duration of life and the capacity to earn money lost by the death, with limited separate allowances for a surviving spouse's and children's loss of comfort and society. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the common-law collateral source rule applies, and interest on the award runs from the filing of the writ.

How the analysis is built

The same four steps apply to a workers' compensation case venued in New Hampshire; the damages framework above decides which components enter the total.

  1. Assemble the pre-injury wage base from the employer's records and tax documents.
  2. Establish the post-injury earnings path from actual earnings or the work-capacity opinions, and measure the loss over the applicable worklife with wage growth.
  3. Value future indemnity streams with stated mortality and discount assumptions, and grow and discount future medical by category when a treatment projection exists.
  4. Separate the amounts the compensation system pays from the components a third-party claim adds, and reconcile the two so the same facts support both.

Attorney guides for workers' compensation cases

Other case types in New Hampshire

Frequently asked: workers' compensation cases in New Hampshire

Which New Hampshire courts hear workers' compensation cases?

Workers' Compensation cases venued in New Hampshire are heard in the Superior Court (General jurisdiction; civil cases with jury trials, felonies). Final appeals run to the New Hampshire Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of New Hampshire.

How does New Hampshire's damages framework shape the economic analysis?

New Hampshire treats a death claim as the decedent's own action carried on by the estate: recovery includes the decedent's pain and suffering, medical and funeral expenses, and the probable duration of life and the capacity to earn money lost by the death, with limited separate allowances for a surviving spouse's and children's loss of comfort and society. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the common-law collateral source rule applies, and interest on the award runs from the filing of the writ. New Hampshire courts screen expert testimony for reliability under a statutory standard: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report is written to that inquiry, with every rate and table traced to a published source.

More questions about workers' compensation analysis

References

Request a consultation on workers' compensation cases in New Hampshire or call (201) 343-0700. Plaintiff and defense counsel.