Quick Answer: What Is New Hampshire’s Deadline for Filing a Personal Injury Lawsuit?In New Hampshire, the general statute of limitations for personal injury cases is three years from the date of the injury. Specific, but rare, exceptions can change this deadline.
You may still have time to file a lawsuit for an old injury in New Hampshire, but the answer depends on when you were injured and whether an exception applies to your claim. In most personal injury cases, New Hampshire gives you three years to file a lawsuit.
Some cases involve injuries that were not obvious right away, such as harm tied to medical malpractice, defective products, or delayed symptoms. In those situations, the state may give you more time.
A New Hampshire personal injury lawyer can review the facts, identify the correct deadline, and help build a claim for compensation if you still have time left before the statute of limitations expires.
Key Takeaways for New Hampshire’s Statute of Limitations
- New Hampshire law generally provides a three-year window to file a personal injury lawsuit.
- The clock for the deadline usually starts on the date of your injury.
- Special rules, known as tolling, often apply to minors, giving them until after their 18th birthday to file a claim.
- Claims against government entities in New Hampshire have much shorter deadlines for a formal Notice of Claim in addition to the state’s statute of limitations.
New Hampshire’s Three-Year Filing Deadline
New Hampshire gives most injured people three years to file a personal injury lawsuit. If you miss that deadline, the court may dismiss your case even if your injury claim has strong facts. The filing clock usually starts on the date the injury happened, but some situations can change the start date.
Common timing rules include:
- Standard Deadline: In many cases, the three-year clock starts on the date of the accident or injury.
- Discovery Rule: If the injury and its connection to someone else’s conduct were not discovered and could not reasonably have been discovered right away, the three-year period may begin when the injured person discovers, or should have discovered, that connection.
- Claims Involving Minors: If a child was injured, different timing rules may affect when the claim must be filed.
- Mental Incompetence: If someone is mentally incompetent, they may have two years after the disability is removed to file a claim.
New Hampshire Injury Claims With Special Deadline Rules
Some New Hampshire injury claims have deadlines or notice rules that can come up long before the three-year filing period ends. This often matters when the claim involves a government agency, public property, or a public employee.
For example, claims against a city, town, or other governmental unit may require a written Notice of Claim within 60 days. Claims against the state may be subject to a 180-day notice rule. Both rules apply in addition to the statute of limitations.
Does the Statute of Limitations Apply to Your Injury Case?
The general three-year deadline applies to a wide range of personal injury cases where someone else’s actions or failure to act caused harm. This time limit applies to many situations where you can show a connection between what happened and your injury.
Common examples include:
- Motor Vehicle Accidents: This includes car, truck, motorcycle, bus, bicycle, and pedestrian accidents.
- Premises Liability: These cases involve injuries on someone else’s property, such as slip-and-falls, trip-and-falls, or harm caused by unsafe conditions or inadequate security.
- Workplace Accidents: Injuries that happen on the job, including construction site accidents, may fall under personal injury law depending on the circumstances.
- Medical Malpractice: Claims involving harm caused by medical providers or other professionals may follow different rules, but still usually have a three-year filing deadline.
- Defective Products: When a dangerous or faulty product causes injury, the three-year deadline may apply to claims based on negligence or product liability.
- Dog Attacks: New Hampshire law holds dog owners, keepers, or possessors responsible for injuries their dogs cause, and the standard deadline generally applies.
- Intentional Acts and Assault-Related Injuries: Injuries caused by assaults or other intentional conduct may also fall within this timeline.
FAQ for New Hampshire Statute of Limitations
What Happens if I Miss the Filing Deadline in New Hampshire?
If you fail to file a lawsuit before the statute of limitations expires, you’ll likely lose your right to pursue compensation for your injuries. A court will almost certainly dismiss a case filed after the deadline, no matter how strong the evidence of liability is.
Does the New Hampshire Statute of Limitations Apply if I Am Still Receiving Medical Treatment?
New Hampshire’s statute of limitations still applies even if your medical treatment is ongoing. The three-year clock doesn’t pause because you’re still seeing doctors or undergoing physical therapy.
This is why it’s important to consult a lawyer well before the deadline. If needed, they can file the lawsuit to protect your rights while you continue your medical recovery.
Does Negotiating With the Insurance Company Pause the Statute of Limitations?
Negotiating with the insurance company doesn’t pause the statute of limitations. Even if the adjuster keeps discussing settlement, requests more records, or says an offer may come later, your filing deadline can still run out.
The only way to protect your right to sue is to file the lawsuit before the deadline expires. That’s why older injury claims need careful legal review, even when the insurance company still seems willing to talk.
Let Coates Law Office Protect Your Rights
Bradford H.
Coates, New Hampshire Personal Injury Attorney
The deadline to file an injury claim is one of the most unforgiving rules in the New Hampshire civil justice system. Once the clock runs out, your legal options to recover damages for medical bills, lost wages, and other harms may be gone completely.
If you have questions about the time limit for an old injury, do not wait. Coates Law Office can review the facts of your injury and advise you on your legal deadlines. Call (603) 262-5766 or complete the online contact form for a free consultation.