Disclaimer: I am not a lawyer. This article is educational only and is not legal advice. Consult a licensed New Hampshire attorney for advice about your case.
Detailed Answer — What happens if you fail to settle a personal injury claim before the statute of limitations expires under New Hampshire law
In New Hampshire, most personal injury claims must be filed within the state’s statute of limitations. If you do not resolve your claim by settlement and you also do not file a lawsuit before the statute of limitations runs, you typically lose the legal right to force the other party or their insurer to pay you for your injuries. That loss of right usually means a court will dismiss a late lawsuit as time-barred, and the defendant can raise the statute-of-limitations as a complete defense.
How the statute of limitations affects your case
- Filing is the safe step: Filing a lawsuit (or otherwise taking actions that the law recognizes as tolling the time limit) before the deadline preserves your right to have a court decide the claim even if you later fail to settle.
- Missed deadline = likely dismissal: If you bring your claim after the limitations period has expired, the defendant can move to dismiss. Most judges will dismiss claims that are clearly time-barred.
- Settling does not extend the deadline: A settlement requires agreement. If you attempt to negotiate but do not reach a binding settlement before the limitations period expires, negotiation alone normally does not stop the clock unless you have a written tolling agreement or the defendant explicitly agrees in writing to extend the deadline.
- Exceptions and tolling: New Hampshire law recognizes some exceptions that can pause or extend the deadline in limited circumstances (for example, for minors, incapacitated persons, or under certain discovery rules). Whether an exception applies depends on the facts.
Which statute applies (New Hampshire reference)
New Hampshire’s statutes set time limits for civil actions. For many personal injury claims the applicable statutory rule that governs limitation periods is found in the Revised Statutes Annotated. See the New Hampshire statutes at the state’s official site, for example: RSA 508:4 (limitation on actions for injuries). Because exceptions and related provisions can change the deadline, review the statute and related sections for the precise rule that applies to your claim.
Common consequences if you miss the deadline
- Loss of legal remedy: You generally cannot obtain a money judgment in court once the statute has run.
- Insurance defenses: Insurers will almost always assert a statute-of-limitations defense to avoid paying late claims.
- Difficulty negotiating: Even if the insurer wants to reopen negotiations after the deadline, you will be in a much weaker position and may have little leverage.
- Possible narrow exceptions: In rare cases, courts allow late claims if the statute was tolled (paused) or if the plaintiff shows extraordinary reasons that justify equitable relief—but courts apply these narrowly.
Examples (hypotheticals)
- If you are injured in a car crash and three years pass (unless a different period applies), an insurer that pays you after that time might argue the court would not enforce an unpaid promise—so you should file suit before the period ends to preserve your rights.
- If you speak with the at-fault party’s lawyer and they say they will investigate but give no written tolling agreement, the statute still runs. To preserve your rights, file a complaint or obtain a written extension.
- If the injured person was a minor when injured, the statute may be tolled until the child reaches the age of majority—check the statute and case law for details.
Practical steps to protect your claim
- Track the deadline. Calculate the statute-of-limitations date from the injury date or the date you discovered the injury (depending on the rule that applies).
- File suit if negotiations stall. Filing a complaint before the deadline protects your legal rights even while settlement talks continue.
- Ask for a written tolling or extension agreement if you need more time to negotiate; get it signed by the other side.
- Preserve evidence: medical records, photos, witness contacts, and accident reports can prove your claim later.
- Consult a New Hampshire personal injury lawyer early. An attorney can confirm the correct deadline and whether any exceptions apply in your situation.
Helpful Hints
- Do not assume a long negotiation tolls the statute-of-limitations. Get a written extension if you want protection while you negotiate.
- Start the clock check immediately: calculate deadlines from the injury date and the discovery date if your injury was not obvious at the time.
- File a lawsuit before the deadline if negotiations stall. You can still settle after filing.
- Keep records of all communications with insurers and the other side; written messages can show attempts to settle and any promises made.
- If you are unsure which deadline applies (car crash, medical malpractice, product defect, wrongful death), talk to a New Hampshire attorney quickly—different claims can follow different rules.
- Ask about tolling agreements and whether you can obtain one in writing from the defendant or insurer to avoid a forced filing.
If you need help calculating the exact deadline that applies to your situation or determining whether an exception may preserve your claim, contact a licensed New Hampshire attorney as soon as possible.