In New Hampshire, an ordinary personal injury lawsuit — a car crash, a slip-and-fall, a dog bite — generally must be filed within three years of the injury, under RSA 508:4. Miss that window and, with rare exceptions, the courthouse door closes for good. The rest of this guide walks through New Hampshire's fault rules, damage limits, insurance system, and dog-bite law, plus the much shorter deadlines that apply if a government agency caused your injury.
New Hampshire's Personal Injury Statute of Limitations
New Hampshire's general personal-injury limitations period is set out in RSA 508:4, I: actions "to recover damages for injury to the person" must be brought within 3 years of the act or omission complained of. This is the statute that governs most negligence-based claims — car and motorcycle crashes, slip-and-falls, dog bites, and similar injury cases.
RSA 508:4 also contains a discovery-rule exception: if the injury, or its connection to the defendant's conduct, could not reasonably have been discovered at the time it happened, the clock starts instead when the injury was (or reasonably should have been) discovered. This matters most in cases like delayed-onset medical conditions.
Minors generally get extra time. New Hampshire law tolls many civil limitations periods while a person is under 18, so a child's own 3-year clock typically does not start running until they turn 18. Because rules on tolling, discovery, and specific claim types (e.g., product liability, medical injury) can differ and can change, always confirm the current text of RSA 508:4 or ask a New Hampshire attorney about your specific facts and dates — do not rely on a remembered deadline.
Shared Fault: New Hampshire's Modified Comparative Negligence Rule
New Hampshire uses modified comparative negligence with a 51% bar, codified at RSA 507:7-d. Under this rule:
If your own share of fault is 50% or less, you can still recover damages — but your award is reduced by your percentage of fault. (Example: $100,000 in damages, 20% your fault, means an $80,000 recovery.)
If your fault is found to be greater than the combined fault of the defendant(s) — generally understood as 51% or more — New Hampshire law bars you from recovering anything.
The statute's exact wording is that contributory fault does not bar recovery "if such fault was not greater than the fault of the defendant, or the defendants in the aggregate" — so a plaintiff who is exactly 50% at fault still recovers (reduced by half), while one who is more at fault than the defendants combined recovers nothing. When there are multiple defendants, the comparison generally runs against their combined fault, not each one individually — a nuance that has been the subject of New Hampshire Supreme Court litigation. Because how fault gets allocated (and argued) can significantly change an outcome near the 50/51% line, this is an area where the specific facts of a crash or fall matter a great deal.
Damage Caps in New Hampshire
Unlike many states, New Hampshire currently does not cap non-economic damages (pain and suffering, loss of enjoyment of life) in ordinary personal injury or medical malpractice cases. The New Hampshire Supreme Court struck down an $875,000 cap on non-economic damages in personal injury actions in Brannigan v. Usitalo, 134 N.H. 50 (1991), building on its earlier decision in Carson v. Maurer, 424 A.2d 825 (N.H. 1980), which struck down an earlier medical-malpractice damages cap on state equal-protection grounds. As of this writing there is no statutory cap reinstated on non-economic or medical-malpractice damages, but caps are a recurring topic in state legislatures, so confirm current law before assuming this hasn't changed.
Economic damages (medical bills, lost wages, future costs) are generally not capped in ordinary injury cases in New Hampshire.
Punitive damages are a different story: RSA 507:16 flatly states that "no punitive damages shall be awarded in any action, unless otherwise provided by statute." New Hampshire courts have, however, recognized a common-law doctrine of "enhanced compensatory damages" in cases involving malicious, wanton, or oppressive conduct — a narrower substitute that isn't a punitive-damages award in name but can increase a compensatory verdict in egregious cases.
Car Insurance: New Hampshire Is a Tort (At-Fault) State
New Hampshire is an at-fault, tort-liability state for car accidents, not a no-fault/PIP state. The driver who caused the crash (and their insurer) is responsible for the other party's damages, and an injured person can sue the at-fault driver directly for medical bills, lost wages, and pain and suffering, subject to the comparative-negligence rule above.
New Hampshire is also unusual nationally: it is generally described as the only state that does not flatly mandate that every driver carry auto insurance. Instead, its Financial Responsibility Law (RSA Chapter 264) requires drivers who cause an accident and can't pay for the damage to face license/registration suspension and post a security deposit — which in practice pushes most drivers to carry insurance anyway. If you do carry a liability policy on a private passenger vehicle, New Hampshire law requires a Medical Payments ("MedPay") component of at least $1,000 per person under RSA 264:16 — a small no-fault-style medical benefit layered on top of an otherwise at-fault system. Confirm current minimum limits with the New Hampshire Insurance Department, since minimums can be updated by the legislature.
Dog Bites in New Hampshire: Strict Liability
New Hampshire follows a strict liability rule for dog bites and other dog-caused injuries under RSA 466:19. A dog owner (or keeper) is liable for damage or injury the dog causes to a person or property, regardless of whether the owner knew the dog had ever been aggressive before — there is no "one free bite" defense in New Hampshire. New Hampshire courts have also read the statute to reach beyond bites, covering injuries caused by a dog's vicious or mischievous behavior generally (being knocked down, chased, or frightened into a fall, for example). The main statutory exception is for a person who was trespassing or committing another tort at the time they were injured by the dog.
Claims Against the Government: Shorter Deadlines
If a state agency, town, city, or government employee caused your injury, different and generally shorter rules apply — and missing them can be fatal to a claim even within the ordinary 3-year window:
State agencies: Under New Hampshire's claims-against-the-state statute, RSA 541-B:14, written notice of the date, time, and location of the injury generally must be given within 180 days, and the lawsuit itself must generally be brought within 3 years. State tort claims are also capped by statute (currently $475,000 per claimant and $3,750,000 per single incident, or available insurance proceeds if greater), and punitive damages are not allowed against the state.
Cities and towns: Municipal liability is separately governed by RSA 507-B, which narrows municipal liability largely to injuries arising from the ownership, operation, or maintenance of motor vehicles and premises, and which requires notice to the governmental unit's clerk (by registered mail) within 60 days of the injury under RSA 507-B:7 to preserve a claim.
Because notice periods, dollar caps, and covered categories of claims change and are strictly enforced, anyone injured by a government vehicle, on government property, or by a government employee should treat the deadline as far shorter than three years and get the exact current requirements confirmed immediately — ideally within days, not months.
Where to Start: New Hampshire's Courts
Personal injury lawsuits in New Hampshire are filed in the state court system — the New Hampshire Circuit Court (District Division) for smaller claims and the New Hampshire Superior Court for larger or more complex injury cases. The New Hampshire Judicial Branch publishes current forms, filing fees, and self-represented-litigant resources if you are proceeding without an attorney.
What to Do in New Hampshire After an Injury
Get medical care and document it. Contemporaneous medical records are central evidence in New Hampshire injury claims, including for the discovery-rule analysis under RSA 508:4.
Identify who may be responsible — a driver, property owner, dog owner, business, or a government entity — because the deadline and rules differ sharply depending on the answer.
If a government entity may be involved, act immediately. Notice periods under RSA 541-B (state) or RSA 507-B (municipal) can run in weeks, not years.
Preserve evidence — photos, witness names, incident/police reports, insurance information, and the dog owner's contact details if applicable.
Be careful with insurance statements about fault. Because New Hampshire reduces or bars recovery based on your percentage of fault under RSA 507:7-d, early statements can be used against you later.
Track the 3-year filing deadline under RSA 508:4 for the lawsuit itself — filing an insurance claim does not stop this clock.
Consult a New Hampshire attorney before a settlement is signed or a deadline approaches, particularly if fault is disputed or a government entity is involved.
This article is general information about New Hampshire law, not legal advice for your specific situation — confirm current statutes and deadlines with a licensed New Hampshire attorney or the New Hampshire courts.
Frequently asked questions
How long do I have to file a personal injury lawsuit in New Hampshire?
Generally 3 years from the date of injury under RSA 508:4, though a discovery-rule exception and tolling for minors can change the calculation. Confirm your specific deadline with a New Hampshire attorney or the current statute.
What happens if I'm partly at fault for my own injury in New Hampshire?
New Hampshire is a modified comparative negligence state (RSA 507:7-d) with a 51% bar: if you're 50% or less at fault, your damages are reduced by your percentage of fault; if you're found more at fault than the defendant(s) combined, you recover nothing.
Does New Hampshire cap pain-and-suffering damages?
No. New Hampshire's Supreme Court struck down non-economic damage caps in Carson v. Maurer (1980) and Brannigan v. Usitalo (1991), and no such cap is currently on the books for personal injury or medical malpractice claims.
Is New Hampshire a no-fault car insurance state?
No. New Hampshire is an at-fault/tort state — the driver who caused the crash is liable for damages, and injured people can sue directly. New Hampshire is also generally described as the only state that doesn't require every driver to carry insurance, though a Financial Responsibility Law effectively pushes most drivers to.
What if a government vehicle or employee caused my injury in New Hampshire?
Claims against the state generally require written notice within 180 days under RSA 541-B, and claims against a town or city fall under the narrower RSA 507-B, which requires notice to the governmental unit's clerk within 60 days — both far shorter than the standard 3-year deadline, so act immediately.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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