A statute of limitations for personal injury cases is a law that designates the amount of time a victim has to file a lawsuit after an injury occurs due to negligence. These legal deadlines encourage claimants to take prompt legal action, thus preventing liable parties from having to defend against claims that are years old.
If you have questions about the deadline for filing a personal injury lawsuit in New Hampshire, the knowledgeable legal team at Rob Levine Law is available 24/7 to take your call and walk you through your case. Contact us online or call (888) 791-9135 today for a free consultation.
What Is the Statute of Limitations in New Hampshire for Personal Injury Claims?
In New Hampshire, the statute of limitations for personal injury claims is typically three years after the date of the injury. For many types of personal injury cases—such as car accidents, slip and fall injuries, and dog bite incidents—the deadline set by the statute of limitations is straightforward.
However, New Hampshire law also includes a “discovery rule” that pushes back the deadline in cases where the injury wasn’t apparent until later, such as some cases involving toxic exposure or medical malpractice. Under the discovery rule, the statute of limitations ‘clock’ would instead start on the date the victim became aware or reasonably should have been aware of their injury.
If you miss the three-year deadline set by the statute of limitations, you may permanently lose your right to pursue compensation for your injuries. It’s crucial to start taking legal action as soon as possible after an accident to preserve your opportunity to recover damages.
Are There Any Exceptions to New Hampshire’s Statute of Limitations?
Exceptions to the New Hampshire statute of limitations may apply in certain circumstances, either by providing a victim with additional time to pursue a lawsuit or by imposing a shorter deadline.
Situations That May Extend the Timeline
Some exceptions can “toll,” or pause, the statute of limitations until a later period of time:
- Minor victims: Because a minor can’t pursue claims on their own until adulthood, their deadline is tolled until they turn 18. They will then have two years to file a lawsuit.
- Incapacitation: If a victim is considered unable to file a claim because of a mental condition, the statute of limitations can be tolled until they are considered legally competent to pursue a lawsuit, after which they will have two years to file.
- filing deadline may be paused while the defendant is out of state.”
Specific Rules for Medical Malpractice
The statute of limitations for medical injury claims is only two years, in contrast with most other types of personal injury cases in New Hampshire. There are limited exceptions. If a foreign object is left in a patient’s body, the discovery rule may extend the filing deadline. In cases where an injury victim is under eight years old, they have until their tenth birthday to file.
Claims Against Government Entities
Personal injury claims targeting state or local governments or their employees often have complex rules and deadlines that differ from those in cases against other defendants. In New Hampshire, cases against the government still have a three-year statute of limitations with a discovery rule. However, claimants must also notify a local government in writing within 60 days of a potential claim, and within 180 days for claims against the state government.
It is critical to work with an experienced personal injury attorney when making a claim against the government to ensure you meet all legal requirements and deadlines.
What Happens if You Miss the Statute of Limitations?
Failing to file a claim within the New Hampshire statute of limitations means a court will almost certainly dismiss your case, ending your opportunity to pursue damages for your injuries. Your right to recover compensation for your medical expenses, lost wages, pain and suffering, and other losses ends when the legal filing deadline expires.
The sooner you take action and speak with an attorney, the better chances you have of filing within the deadline and recovering the compensation you deserve. Evidence is at its strongest right after an accident, so acting quickly can allow you to build a strong case before critical information is lost or compromised.
Why You Should Contact Rob Levine Law As Soon as You Can
Navigating New Hampshire’s state laws and deadlines can be confusing and stressful at a time when you should be focusing on recovering from your injuries. The experienced Manchester personal injury lawyers at Rob Levine Law are ready to take the weight off your shoulders. Our team can handle all the legal complexities surrounding your accident, build a strong case, and ensure you meet all deadlines under the state statute of limitations.
We have over 25 years of experience handling personal injury cases for clients like you, during which we’ve developed a reputation for aggressive advocacy and tireless pursuit of justice. If you’ve been injured in New Hampshire, don’t hesitate to take action—waiting too long can hurt your chances of getting the compensation you deserve. You can get started today by filling out our online contact form or calling us at (888) 791-9135 to schedule a free consultation.
