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  • Writer's pictureKeith Diaz

Personal Injury Cases : Timeliness | Statute of Limitations

Updated: Sep 5, 2023

Life is unpredictable, and accidents can happen in the blink of an eye. Whether it's a car accident, a slip and fall, a dog bite, or a motorcycle accident, the aftermath of such incidents can be physically, emotionally, and financially challenging. If you've ever found yourself in such a situation, you might wonder if there's a time limit to take legal action and seek compensation. This is where the "statute of limitations" comes into play. In this article, we'll delve into why timeliness matters in personal injury cases, explore the New Hampshire statute of limitations, and shed light on tolling and NH 508:4 Personal Actions.

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Understanding the Statute of Limitations

Picture this: you're driving down the road when suddenly, a car collides with yours. In the aftermath, you're left with injuries and a damaged vehicle. Or perhaps you're walking in a store, and due to a slippery floor, you slip and fall, sustaining injuries. Maybe a dog you encounter decides to bite you unexpectedly, or you're involved in a motorcycle accident on the open road. In all these scenarios, you might consider seeking compensation for medical expenses, emotional distress, and other damages.

The statute of limitations is a legal concept that sets a time limit for filing a lawsuit after an incident like the ones described above. Each state has its own statute of limitations, and it 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. In the realm of personal injury cases, where individuals seek compensation for injuries caused by others, understanding and adhering to the statute of limitations is crucial.

The Importance of Timeliness in a Personal Injury Cases

When it comes to personal injury cases, acting promptly is of paramount importance. Imagine this scenario: you've been injured in a car accident, but you decide to delay taking legal action. As time goes on, evidence could disappear, witnesses might forget crucial details, and your chances of winning your case could dwindle. Insurance companies and opposing attorneys are well aware of these time limits, and they might use delay tactics to their advantage. By procrastinating, you risk losing out on the compensation you rightly deserve.

Application of the rule in New Hampshire can be harsh, even for attorneys licensed to practice in our state which is the lesson in Donnelly v. Eastman, 149 N.H. 631 (2003). In this case, the defendant asked the trial court to dismiss the plaintiff's personal injury lawsuit because the plaintiff didn't file it within the applicable statute of limitations, which is the time limit for starting a lawsuit. The plaintiffs' lawyer prepared a document to start the case on time, but it wasn't served to the defendant or 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 statute of limitation applicable to personal injury actions is important and not just a technical rule. The 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 supports waiver of the rules governing the timely filing of a personal injury lawsuit. Therefore, the court held that it was error for the trial court to deny the defendant's motion to dismiss.

NH 508:4 Personal Actions | aka Personal Injury Cases

Now, let's take a look at New Hampshire's statute governing the deadline by which to file a lawsuit alleging personal injury. N.H. R.S.A. 508:4 Personal Actions is a significant statute that outlines the rules surrounding the statute of limitations for personal injury cases. 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 a wide range of situations, whether it's a car accident, a slip and fall, a dog bite, or a motorcycle accident.

However, life is rarely black and white. Sometimes, injuries take time to reveal themselves. That's where the discovery rule comes in. If the injury and its cause weren't immediately obvious and couldn't reasonably have been discovered at the time they occurred, NH 508:4 gives you the opportunity to file a lawsuit within three years of discovering the injury's causal relationship. This ensures that individuals aren't penalized for circumstances beyond their control.

Tolling the Statute of Limitations

But what if you didn't immediately realize the full extent of your injuries? This is where tolling enters the picture. 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 motorcycle accident, and while you might feel fine initially, medical examinations later reveal hidden injuries. In situations like these, the statute of limitations might not start ticking until the injuries are discovered. This is particularly relevant when the causal relationship between the incident and the injury isn't immediately apparent.

Conclusion: Do Not Delay

To wrap up, timeliness is a cornerstone of personal injury cases. If you've experienced a car accident, a slip and fall, a dog bite, or a motorcycle accident, understanding the statute of limitations is crucial. 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. And 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.

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