New Hampshire Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In New Hampshire, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in New Hampshire is 3 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

Three years for personal injury. NH RSA § 508:4 (colon notation).

Wrongful death claims must be filed within 6 years of the date of death — not the date of the negligent act that ultimately caused death. Six years from date of death.

Medical malpractice claims in New Hampshire have specific deadline rules that may differ from the general personal injury statute.

3 years from date of discovery. No statute of repose. No damages caps. 60-day pre-suit notice required.

New Hampshire recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Discovery rule: SOL begins when the injury is or should have been discovered.

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves New Hampshire, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against New Hampshire government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Written notice to the State of New Hampshire Board of Claims. Claims against the State heard by the Board of Claims.

New Hampshire Tort Claims Act. State liability limited; immunity waived for certain negligent acts. Local government liability governed separately.