When someone is injured due to the negligence or wrongdoing of a government agency in New Hampshire, they may seek compensation for their damages through a personal injury lawsuit. In some cases, the injured party may also be entitled to punitive damages.
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What Are Punitive Damages?
Punitive damages, also known as exemplary damages, are meant to punish the defendant for their reckless or intentional behavior. Unlike compensatory damages, which are intended to compensate the victim for their losses, punitive damages are meant to deter the defendant and others from engaging in similar actions in the future.
In New Hampshire, punitive damages are only awarded in cases where the defendant’s conduct was "outrageous or wanton." This typically requires a higher level of culpability than ordinary negligence.
Can You Sue a Government Agency in New Hampshire?
Yes, it is possible to sue a government agency in New Hampshire for personal injury. However, there are some important differences when it comes to suing a government entity versus a private individual.
One key difference is that government agencies are protected by sovereign immunity, which means they cannot be sued without their consent. However, the New Hampshire state government has waived sovereign immunity for certain types of claims, including personal injury.
Another important difference is that filing a lawsuit against a government agency typically requires following a different process than suing a private individual. For example, before filing a lawsuit, you may need to file an administrative claim with the agency or municipality.
When Can You Seek Punitive Damages Against a Government Agency in New Hampshire?
In New Hampshire, punitive damages are only awarded in cases where the defendant’s conduct was "outrageous or wanton." This typically requires a higher level of culpability than ordinary negligence.
When it comes to government agencies, this can be a difficult standard to meet. Government agencies may argue that they were acting in the interest of public safety or that their actions were within the scope of their duties.
However, there have been cases in which plaintiffs have been awarded punitive damages against government entities in New Hampshire. For example, in a 2015 case involving a police officer who used excessive force during an arrest, the plaintiff was awarded $25,000 in punitive damages in addition to $7,500 in compensatory damages.
Conclusion
If you have been injured due to the negligence or wrongdoing of a government agency in New Hampshire, you may be entitled to compensation for your damages. In some cases, you may also be able to seek punitive damages.
However, suing a government entity can be complex, and it is important to work with an experienced attorney who understands the nuances of these types of cases. With the right legal guidance, you may be able to hold the government agency accountable for their actions and recover the compensation you deserve.