The clock starts on the date of injury. The controlling statute is N.H. Rev. Stat. § 508:4. Filing one day late dismisses the case with prejudice.
If you were injured in New Hampshire and intend to sue the at-fault party, the most important date on your calendar is the statute-of-limitations deadline. Nothing else matters if you cross it.
New Hampshire's personal-injury deadline is 3 years from the date of injury (N.H. Rev. Stat. § 508:4). Wrongful-death claims run from the date of death, with a 6-year deadline.
The statute itself, N.H. Rev. Stat. § 508:4, is the controlling authority. Interpretive decisions come from NH Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
The deadline runs from the date the injury "accrued" , usually the date of the accident itself. Under New Hampshire case law, a cause of action accrues at the moment the plaintiff suffers a legally compensable harm, even if the full extent of the injury is not yet known.
The discovery rule in New Hampshire is narrowly applied. Courts generally require evidence that the injury was inherently undiscoverable, not merely that the plaintiff was unaware. Routine soft-tissue injuries from a car accident almost never qualify.
The consequence of filing one day late is the same as filing one year late , total bar. New Hampshire courts have repeatedly rejected "near miss" equitable arguments. If the deadline is two years and you file on day 731, the case is dead.
Children injured in New Hampshire get a tolling rule: the statute does not begin running until the minor reaches the age of majority. This means a five-year-old injured in a car accident generally has until age 18 + the standard SOL years to file.
New Hampshire courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most New Hampshire cases.
If the at-fault party leaves New Hampshire after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the New Hampshire insurance commissioner have narrowed this rule.
If the defendant actively concealed the cause of action, New Hampshire courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
If your injury was caused by a New Hampshire state or local government entity , a city bus, a police officer, a public-school employee , you generally must file a separate "notice of claim" within a much shorter window (typically 60 to 180 days) BEFORE filing a civil suit. Missing the notice deadline bars the lawsuit even if the longer SOL has not yet expired.
Filing on time gets you into court. Winning at trial is a separate question, and New Hampshire's comparative-fault rule is the next major hurdle.
New Hampshire applies modified comparative fault (51% bar). New Hampshire uses modified comparative fault with 51% bar. Authority: N.H. Rev. Stat. § 507:7-d.
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 3 years | N.H. Rev. Stat. § 508:4 | Date of injury |
| Medical malpractice | 3 years | N.H. Rev. Stat. § 508:4 | Discovery or treatment end |
| Wrongful death | 6 years | N.H. Rev. Stat. § 508:4 | Date of death |
| Property damage | 3 years | N.H. Rev. Stat. § 508:4 | Date of damage |
New Hampshire is a pure at-fault (tort) state for car-accident claims. That means injured parties can sue the at-fault driver directly. The minimum liability coverage required under N.H. Rev. Stat. § 264:15 is 25/50/25.
New Hampshire does not mandate UM coverage but insurers must offer it (N.H. Rev. Stat. § 264:15). Most policies include it at a minimum of undefined.
New Hampshire does not cap non-economic damages in medical-malpractice cases. Punitive damages are limited per statute (prohibited except in certain torts). Authority: N.H. Rev. Stat. § 507:16.
New Hampshire tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their New Hampshire insurer.
Insurance negotiations do not toll the statute. New Hampshire courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard New Hampshire SOL.
Tolling pauses the clock. New Hampshire recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but New Hampshire courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Yes, in limited circumstances. New Hampshire permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
No. Only proper filing of a civil complaint in a New Hampshire court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. New Hampshire does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Last verified against primary sources on 2026-05-16.