Understanding the Statute of Limitations for Personal Injury Cases in New Hampshire
- Keith Diaz
- Jan 25
- 5 min read
Updated: 1 day ago
Article by Attorney Keith F. Diaz, Apis Law Personal Injury Attorney
In New Hampshire, there is a strict deadline to file a personal injury lawsuit. This deadline is known as the statute of limitations. State law typically allows injured individuals three years from the date of injury to initiate a civil action for damages. If a lawsuit is not filed within this time frame, the claim is usually barred, regardless of fault or the severity of the injuries involved.
Courts enforce these deadlines rigorously. Insurers often deny valid claims once the limitations period expires. While limited exceptions may apply in specific circumstances, they are fact-specific and do not extend to most accident cases. Consequently, delays can permanently eliminate the right to seek compensation. Early evaluation is crucial to confirm the correct filing deadline, preserve evidence, and avoid procedural defects that could hinder recovery.
Time Limits for Personal Injury Claims Under NH Law
Imagine this scenario: you're driving down the road when suddenly, a car crashes into you. In the aftermath, you're left with personal injuries and a damaged vehicle that is a total loss. Or perhaps you're walking in a store when a slippery floor causes you to slip and fall, sustaining injuries. Maybe a dog unexpectedly bites you, or you're involved in a motorcycle accident on the open road. In all these situations, you may consider seeking compensation for medical expenses, emotional distress, and other damages.
The statute of limitations is a legal concept that establishes a time limit for filing a lawsuit after an incident like those described above. Each state has its own statute of limitations, which varies depending on the type of case. The purpose of this time limit is to ensure that lawsuits are filed while evidence is still fresh and witnesses' memories are reliable. If you do not file a lawsuit before the time limitation expires, your right to compensation will likely be lost forever.
NH 508:4 Personal Actions | aka Personal Injury Cases
Let’s examine New Hampshire's statute governing the deadline for filing a lawsuit alleging personal injury. N.H. R.S.A. 508:4 Personal Actions outlines the rules surrounding the statute of limitations for personal injury cases in New Hampshire. According to this statute, most personal injury cases must be filed within three years of the act or omission that led to the injury. This applies to various situations, including car accidents, truck accidents, slip-and-fall incidents, Uber accidents, dog bites, and motorcycle accidents.
However, life is rarely straightforward. Sometimes, injuries take time to manifest. This is where the discovery rule comes into play. If the injury and its cause weren't immediately obvious and could not reasonably have been discovered at the time they occurred, NH 508:4 allows you to file a lawsuit within three years of discovering the injury's causal relationship. This provision ensures that individuals aren't penalized for circumstances beyond their control.
Tolling the Statute of Limitations for a Personal Injury Claim In New Hampshire
What if you didn't immediately realize the full extent of your injuries? This is where tolling comes into play. Tolling means extending or pausing the statute of limitations under specific circumstances. Think of it as hitting the pause button on a ticking clock.
Consider this scenario: you're involved in a car accident in southern New Hampshire. While you might feel fine initially, medical examinations later reveal hidden injuries. In such cases, the statute of limitations might not start ticking until the injuries are discovered. For example, if you had surgery to repair a broken bone and the doctor accidentally left a drill bit inside your body, years later, an X-ray reveals the drill bit. Under the discovery rule, the three-year statute of limitations would begin to accrue on the day you noticed the drill bit in the X-ray. This rule is particularly relevant when the causal relationship between the incident and the injury isn't immediately apparent.
You Cannot Sleep on Your Rights!
The application of the rule in New Hampshire can be harsh, even for attorneys licensed to practice in our state. A notable case is Donnelly v. Eastman, 149 N.H. 631 (2003). In this case, the defendant requested the trial court to dismiss the plaintiff's personal injury lawsuit because the plaintiff did not file it within the applicable statute of limitations. The plaintiff's lawyer prepared a document to initiate the case on time, but it wasn't filed with the court before the deadline. The higher court disagreed with the trial court's decision not to dismiss the case.
The higher court explained that the statute of limitations applicable to personal injury actions is crucial and not merely a technical rule. These rules ensure fairness and prevent outdated claims. The New Hampshire Supreme Court held that even though rules can sometimes be waived for justice, that shouldn't apply here because the lawyer should have known the rules: "[a]ttorneys are responsible for knowing the content of the court rules applicable to their actions. DeButts v. LaRoche, 142 N.H. 845, 847, 711 A.2d 877 (1998)." The court concluded that under the circumstances of the case, neither good cause nor justice supported waiving the rules governing the timely filing of a personal injury lawsuit. Therefore, the court held that the trial court erred in denying the defendant's motion to dismiss.
Conclusion: Do Not Delay
Timeliness is a cornerstone of personal injury cases. If you've been in a car accident, a slip-and-fall, a dog bite, or a motorcycle accident, understanding the statute of limitations is vital. It's not about rushing into legal proceedings; rather, it's about taking action while evidence is fresh and memories are reliable.
Tolling provides a safety net for cases where injuries aren't immediately apparent, giving you a fair chance to seek compensation. NH 508:4 Personal Actions outlines the rules that apply in New Hampshire, providing a framework for seeking justice.
Remember, accidents can have lasting consequences. If you or someone you know is a victim of personal injury, time is of the essence. Act swiftly, seek legal advice, and ensure that justice is served. By understanding the importance of timeliness, you're taking the first step towards securing the compensation and closure you deserve.
FAQ – New Hampshire Personal Injury Statute of Limitations
How long do I have to file a personal injury lawsuit in New Hampshire?
In most cases, New Hampshire law requires a personal injury lawsuit to be filed within three years of the injury. If the lawsuit is not filed before the deadline expires, the claim is typically barred, regardless of its merits.
Does the statute of limitations always start on the date of the accident?
Not always. In limited situations, the statute of limitations may begin when the injury was discovered or reasonably should have been discovered. These exceptions are narrow and fact-specific and do not apply to most accident cases.
What happens if I miss the personal injury filing deadline?
If the statute of limitations expires, the court can dismiss the case, and the injured person loses the legal right to recover compensation. Insurance companies routinely rely on missed deadlines to deny claims.
Are there different deadlines for different types of personal injury cases?
Yes. While many injury claims are subject to the three-year deadline, certain cases, such as those involving minors, governmental entities, or specific statutory causes of action, may have different or additional timing requirements.
Does filing an insurance claim extend the statute of limitations?
No. Negotiating with an insurance company or filing an insurance claim does not stop or extend the statute of limitations. Only filing a lawsuit in court preserves the legal claim.
Why is it important to speak with a personal injury lawyer early?
Early legal review helps identify the correct filing deadline, preserve evidence, and avoid procedural errors that could permanently bar recovery under New Hampshire law.
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