Statute of Limitations for Personal Injury Cases
in New Hampshire
Protecting Your Rights
New Hampshire imposes strict deadlines for filing personal injury lawsuits. Missing the deadline can permanently eliminate your right to compensation, no matter how serious your injuries or how clear the other party’s fault.
The Three-Year Rule: RSA 508:4
Under New Hampshire RSA 508:4, most personal injury lawsuits must be filed within three years of the act or omission that caused the injury. This is the general statute of limitations that applies to most personal injury claims in New Hampshire, including car accidents, truck accidents, motorcycle accidents, slip-and-fall injuries, dog bites, and other negligence-based claims.
The three-year clock typically begins running on the date of the accident or incident that caused your injuries. Once those three years expire, the court will likely dismiss your case if the defendant raises the statute of limitations as a defense. Insurance companies are well aware of these deadlines and will routinely deny claims once the limitations period has passed.
Critical Warning
Filing an insurance claim does NOT stop or extend the statute of limitations. Only filing an actual lawsuit in court preserves your legal claim. Many people make the mistake of assuming that ongoing negotiations with an insurance company protect their rights — they do not.
Filing Deadlines by Case Type
While the three-year rule applies to most personal injury cases, certain types of claims have different or additional timing requirements. Below is a summary of the key deadlines you should be aware of:
Type of Case | Deadline | Governing Law |
|---|---|---|
Slip and Fall / Premises Liability | 3 Years | RSA 508:4 |
Dog Bite | 3 Years | RSA 508:4 |
Medical Malpractice | 3 Years* | RSA 508:4 (w/ discovery rule) |
Product Liability | 3 Years | RSA 508:4 |
Wrongful Death | 3 Years | RSA 556:11 |
Claims Against Government Entities | Shorter / Special | RSA 541-B (notice req.) |
Minors (under 18) | Extended | RSA 508:8 (tolling) |
*Note: Some case types involve special rules regarding when the clock starts running. See the Discovery Rule section below for details.
The Discovery Rule: When Injuries Aren’t Immediately Apparent
Not every injury reveals itself at the moment it occurs. Some injuries develop gradually, and some are caused by events whose connection to the injury only becomes clear later. New Hampshire law addresses this under the discovery rule.
Under RSA 508:4, if the injury and its causal relationship to the defendant’s conduct were not and could not reasonably have been discovered at the time of the act or omission, the three-year statute of limitations begins running from the date the injury was discovered or reasonably should have been discovered.
When the Discovery Rule Applies
✅ Medical malpractice — A surgical instrument is accidentally left inside a patient and is only discovered during a later procedure or imaging study. The clock starts when the patient discovers (or should have discovered) the instrument.
✅ Toxic exposure — A worker is exposed to hazardous chemicals on the job and develops a condition years later that is eventually linked to the exposure.
✅ Defective products — A medical device or pharmaceutical causes harm that only manifests after prolonged use.
✅ Latent injuries from an accident — Soft tissue injuries, traumatic brain injuries, or internal damage that may not produce symptoms immediately after a crash.
Limitations of the Discovery Rule
The discovery rule is not a blanket extension. It applies only in situations where the injured person genuinely did not and could not have known about the injury through reasonable diligence. Courts examine this objectively: if a reasonable person in your situation would have discovered the injury earlier, the clock may have started earlier than you think. Additionally, the discovery rule does not apply to most straightforward accident cases where the injury is immediately apparent, such as a broken bone from a car crash.
Practical Takeaway
Even if you believe the discovery rule may apply to your case, do not rely on it as a reason to delay. The safest course of action is always to consult with an attorney as soon as you suspect you may have been harmed by another person’s negligence.
Tolling: When the Clock Pauses
In certain limited circumstances, New Hampshire law will pause (or “toll”) the statute of limitations. Tolling effectively extends the filing deadline by stopping the clock during a period when the injured person is unable to act. The most common tolling situations include:
Minors
If the injured person is a minor (under age 18) at the time of the injury, the statute of limitations is tolled until they reach the age of majority. Once the minor turns 18, the standard three-year period begins to run. This means a child injured in an accident generally has until their 21st birthday to file a personal injury lawsuit.
Incapacitated Persons
Under RSA 508:8, If the injured person is mentally incapacitated at the time the cause of action arises and is unable to manage their own affairs, the statute of limitations may be tolled for the duration of the incapacity. This protection ensures that individuals who lack the mental capacity to understand their legal rights are not penalized for failing to act within the standard time frame.
Defendant Leaves the State
In some situations, if the defendant leaves New Hampshire after the cause of action arises, the time of their absence may not count toward the statute of limitations. This prevents defendants from evading liability by simply leaving the jurisdiction.
Important limitation:
Tolling exceptions are narrow and fact-specific. They do not apply in most standard accident cases. If you believe tolling may apply to your situation, you should have an attorney evaluate the specific facts of your case as soon as possible.
Special Rules: Claims Against Government Entities
If your injury was caused by the negligence of a state or municipal government entity or employee — for example, a car accident caused by a city plow truck, an injury on government-owned property, or harm caused by a public employee acting in an official capacity, different and often shorter deadlines may apply.
Under RSA 541-B, claims against the State of New Hampshire or its agencies are subject to specific notice requirements and procedural rules that differ from standard personal injury claims. You may be required to provide formal written notice to the government entity within a shorter time frame before you can file a lawsuit. Failure to comply with these notice requirements can bar your claim entirely, even if the underlying three-year statute of limitations has not yet expired.
• Claims against municipal governments may require notice within a specific time period after the injury
• The State of New Hampshire has sovereign immunity protections that limit the types of claims that can be brought and the damages that can be recovered
• Procedural requirements for government claims are strict and often unforgiving — missing a single step can permanently bar your case
• Some government employees may have qualified immunity that affects your ability to recover
Do Not Wait
If you believe a government entity or employee may be responsible for your injury, contact an attorney immediately. The notice deadlines for government claims can be significantly shorter than the standard three-year statute of limitations, and missing them is often fatal to your case.
What Happens If You Miss the Deadline?
The consequences of missing the statute of limitations are severe and, in almost all cases, permanent. New Hampshire courts enforce these deadlines rigorously. Here is what happens when the filing deadline passes:
• The defendant will file a motion to dismiss your case, citing the expired statute of limitations
• The court will almost certainly grant the motion, ending your case regardless of its merits
• You will lose the legal right to seek any compensation for your injuries — even if the other party was clearly at fault
• Insurance companies will deny your claim outright once they know the statute has expired
• No amount of evidence, no severity of injury, and no degree of the other party’s fault can overcome a missed deadline
The New Hampshire Supreme Court has made clear that these deadlines are not merely technical rules. In Donnelly v. Eastman (149 N.H. 631, 2003), the Court ruled that a personal injury case had to be dismissed because the plaintiff’s attorney prepared the necessary documents but failed to file them with the court before the deadline. The Court held that, although the attorney had the paperwork ready, the case was untimely because it was not actually filed. The Court further noted that attorneys are responsible for knowing and following applicable deadlines and court rules.
The lesson is clear: Preparation is not enough. The lawsuit must be filed with the court before the deadline expires. There is no grace period, and courts are extremely reluctant to make exceptions.
Why Early Action Matters Beyond the Deadline
Even if you have three years to file, waiting to begin the legal process can seriously damage your case. The statute of limitations is the outer boundary — not a recommended timeline. There are several practical reasons to act quickly:
Evidence Disappears
Physical evidence from the accident scene degrades over time. Skid marks fade, damaged property gets repaired or scrapped, and surveillance footage is overwritten. The sooner your attorney can investigate, the more evidence they can preserve.
Witnesses Forget
Eyewitness memories deteriorate rapidly. Studies consistently show that memory of events becomes less reliable within weeks or months. Witnesses also move, change phone numbers, or become difficult to locate. Early witness statements are far more powerful than testimony given years after the fact.
Medical Records Build Your Case
A gap between the accident and medical treatment gives the insurance company an opening to argue that your injuries were caused by something else or aren’t as serious as you claim. Seeking medical care promptly and following through with treatment creates a continuous medical record that directly supports your claim.
Insurance Companies Use Delay Against You
evidence becomes, the more desperate you may become for a settlement, and the closer you get to the deadline — all of which reduce your leverage. An early start to your case signals to the insurance company that you are serious and prepared to litigate if necessary.
Common Mistakes That Put Your Claim at Risk
Over the years, we have seen injured individuals lose their right to compensation due to avoidable mistakes related to the statute of limitations. Here are the most common errors and how to avoid them:
Assuming the Insurance Company Will Handle Everything
Many people believe that because they filed an insurance claim and are negotiating with an adjuster, they are protected. They are not. Insurance negotiations do not pause or extend the statute of limitations. We have seen cases where people negotiated with an insurance company in good faith for over two years, only to have the insurer deny the claim shortly before the three-year deadline, leaving almost no time to file a lawsuit.
Not Realizing You Have a Claim
Some injuries develop slowly, and some people don’t realize the full extent of their harm until months or years after the incident. While the discovery rule may help in limited circumstances, it is always safer to consult with an attorney sooner rather than later if you suspect your injury may have been caused by someone else’s negligence.
Misidentifying the Responsible Party
In complex cases — particularly those involving commercial vehicles, government entities, product manufacturers, or multiple potentially liable parties — identifying the correct defendant can take time. If you file suit against the wrong party and the statute of limitations expires before you identify the correct one, you may lose your claim against the responsible party entirely.
Waiting Until the Last Minute
Even experienced attorneys need time to investigate a claim, gather evidence, consult with experts, and prepare the complaint. Filing a lawsuit at the last minute increases the risk of procedural errors, missed defendants, and inadequate preparation — all of which can compromise the value of your case or result in dismissal.
We’re Here to Help — From Day One
A personal injury can upend your life in an instant. You’re dealing with pain, medical bills, a damaged vehicle, time away from work, and the stress of navigating an insurance system that is not designed to help you. You shouldn’t have to figure this out alone.
At Apis Law, we represent personal injury victims throughout southern New Hampshire, including Goffstown, Manchester, Bedford, Nashua, Concord, Merrimack, Londonderry, Derry, and the surrounding communities. We understand New Hampshire’s unique legal landscape, from the absence of mandatory auto insurance to the comparative fault rules that insurance companies use to reduce your claim.
We handle every aspect of your case from the initial investigation through settlement or trial, so you can focus on your recovery. And because we work on a contingency fee basis, you pay nothing unless we win.
Protecting Your Claim: A Timeline Checklist
While every case is different, here is a general guide to the steps you should take to protect your claim and ensure you meet all applicable deadlines:
Immediately After the Accident
✅ Seek medical attention, even if you feel fine — some injuries take hours or days to produce symptoms
✅ Document the scene with photographs and collect contact information from witnesses
✅ Report the accident to the police and obtain a copy of the accident report
✅ Notify your own insurance company, but do not give a recorded statement to the other driver’s insurer
Within the First Few Weeks
✅ Consult with a personal injury attorney to evaluate your claim and identify the correct filing deadline
✅ Follow up on all medical appointments and follow your doctor’s treatment plan
✅ Keep a journal documenting your pain, limitations, and how the injury is affecting your daily life
✅ Preserve all evidence: do not repair or dispose of damaged property, and save all medical bills and records
Ongoing
✅ Continue medical treatment and document your recovery (or lack thereof)
✅ Stay in communication with your attorney about developments in your case
✅ Avoid posting about the accident, your injuries, or your legal case on social media
✅ Do not sign any releases or accept any settlement offers without attorney review
Time Is Not on Your Side — But We Are
The statute of limitations exists to ensure fairness in the legal system, but insurance companies use it as a weapon. They delay, they stall, and they count on you running out of time. Every day that passes after your accident is a day that evidence fades, witnesses forget, and your leverage decreases.
At Apis Law, Attorney Diaz understands the urgency that personal injury cases demand. We evaluate every case with an eye toward the relevant deadlines, and we take immediate steps to investigate, preserve evidence, and build the strongest possible claim on your behalf. We know the New Hampshire statute of limitations rules inside and out, including the exceptions, the tolling provisions, and the special requirements for claims against government entities.
Free Consultation — Contact Us Today
If you have been injured in an accident, do not wait to find out whether you still have time to file a claim. Contact Apis Law today for a free, no-obligation consultation. We will review the facts of your case, confirm the applicable filing deadline, and explain your options going forward. We work on a contingency fee basis — you pay nothing unless we win your case.
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