What Are Enhanced Damages and Am I Eligible For Them?
Enhanced compensatory damages are uniquely situated in our state. They stand as a rare contrast to New Hampshire’s prohibition against punitive damages. The line between prohibited punitive damages and enhanced compensatory damages can be difficult to navigate, particularly in the initial stages of litigation. Introduction In order to request enhanced damages, plaintiffs must plead that the defendant’s conduct was “wanton, malicious, or oppressive”. See Munson v. Raudonis, 118 N.H. 474, 479 (1978). Importantly, a plaintiff needs to only prove one factor in order to request enhanced damages. Therefore, the defendant conduct may either be wanton, malicious, or oppressive. Matters of enhanced damages are questions of fact for the trier of fact to decide. See Crowley v. Global Realty, Inc., 124 N.H. 814, 818 (1984). Wanton…
