§ 508:4-d — Damages Recoverable for Non-Economic Loss

I. In any action for personal injury, the damages awarded may include compensation for non-economic loss, including pain and suffering and such other elements of damage which are recognized by law and which are not objectively verifiable monetary losses. However, damages for non-economic loss shall in no case exceed $875,000.
II. In trials to a jury, the jury shall not be informed of the maximum allowable amount prescribed in paragraph I of this section. If the jury awards total damages in excess of the maximum allowable amount, the court shall inquire of the jury as to the portion of the damages attributed to non-economic loss. If that portion of the damages exceeds the maximum allowable amount, the court shall reduce damages awarded for non-economic loss to the maximum allowable amount.

Legislative History

1986, 227:13, eff. July 1, 1986.