What is the deadline to file a personal injury lawsuit after an accident in NH?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Under New Hampshire law, most personal injury claims must be filed within three years of the date the injury occurred. This deadline is set forth in NH RSA 508:4, which states, “Actions for injuries to the person shall be commenced within 3 years.” You can view the full text of the statute here: NH RSA 508:4.

The “date of the accident” generally means the day you suffered physical harm or property damage because of someone else’s negligence or intentional act. If you miss this three-year deadline, the court will almost certainly dismiss your case and you will lose the right to seek compensation.

Common Exceptions and Special Rules

  • Minors and Persons Under Disability: If the injured person was under 18 or mentally incapacitated at the time of the accident, the statute of limitations is tolled until the disability ends. See NH RSA 508:5.
  • Claims Against Government Entities: If you are suing the State of New Hampshire or a municipality, you must file a written notice of claim within 30 days of the injury (NH RSA 541:14-a) and then file the lawsuit within three years under NH RSA 508:4.
  • Medical Malpractice: Medical malpractice cases have a shorter deadline: you must file within three years of the act, omission, or neglect, or within three years of when the injury was discovered—whichever is sooner. See NH RSA 329-A:8.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Laws change over time and every situation is unique. Consult a licensed attorney to discuss your specific case.

Helpful Hints

  • Note the exact date of your accident and keep a copy of any police report or medical record showing when you were treated.
  • Start gathering evidence (photos, witness names, bills) immediately—delay can jeopardize your claim.
  • If you’re sued, deadlines to respond may be very short; don’t ignore any court paperwork.
  • Check for special rules if you’re suing a government agency—missing the 30-day notice window can bar your case.
  • Consult an attorney well before the three-year deadline to ensure you file on time and meet all procedural requirements.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.