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New Hampshire Personal Injury Guide

When an accident leaves you injured through someone else’s negligence, understanding your legal rights becomes paramount to securing fair compensation. New Hampshire’s personal injury laws contain unique provisions that can significantly impact your ability to recover damages, from the state’s distinctive approach to modified comparative negligence to its specific notice requirements for government claims. Whether you’ve been hurt in a car accident on I-93, suffered injuries in a slip and fall at a Portsmouth business, or experienced medical negligence at a Manchester hospital, knowing the legal landscape helps you make informed decisions about your case.

New Hampshire Personal Injury Guide

This comprehensive guide examines New Hampshire’s personal injury statutes, procedural requirements, and damage recovery rules. We’ll explore critical deadlines that could bar your claim entirely, explain how the state’s 51% comparative fault rule works in practice, and detail the specific steps you must follow when pursuing compensation. From understanding the Granite State’s strict three-year statute of limitations to navigating claims against state entities, this resource provides the detailed, state-specific information you need to protect your rights after an injury.

Table of Contents:

Legal Disclaimer: This guide provides general information about New Hampshire personal injury law and should not be construed as legal advice. Laws change frequently, and each case involves unique facts that affect how laws apply. For advice about your specific situation, consult a licensed New Hampshire attorney. Nothing in this guide creates an attorney-client relationship.

1. Statute of Limitations in New Hampshire

The statute of limitations establishes strict deadlines for filing lawsuits in New Hampshire courts. Missing these deadlines typically results in permanent loss of your right to seek compensation, regardless of how strong your case may be.

Personal Injury Claims: Three-Year Deadline

Under New Hampshire RSA 508:4, most personal injury claims must be filed within three years from the date the injury occurred. This applies to:

Example: If you were injured in a car accident on January 15, 2026, you must file your lawsuit by January 15, 2029. If you attempt to file on January 16, 2029, the court will dismiss your case regardless of its merits.

Property Damage: Three-Year Deadline

Claims for property damage also fall under RSA 508:4, requiring filing within three years of when the damage occurred. This applies to vehicle damage, damaged personal belongings, and other property harm.

Medical Malpractice: Special Rules Under RSA 508:4-a

Medical malpractice claims in New Hampshire follow more complex timing rules under RSA 508:4-a:

  • General Rule: Three years from the date of injury
  • Discovery Rule Exception: If the injury wasn’t immediately discoverable, the three-year period begins when the patient discovers (or reasonably should have discovered) the injury
  • Absolute Maximum: Claims must be filed within three years of the negligent act, even if the injury wasn’t discovered, with very limited exceptions

Example: A surgeon leaves a sponge in your abdomen during a 2023 procedure. You don’t experience symptoms until 2025, when imaging reveals the foreign object. Under the discovery rule, your three-year clock started in 2025 when you discovered the malpractice, not in 2023 when the surgery occurred.

Foreign Object Exception: When a foreign object (surgical instrument, sponge, etc.) is left in a patient’s body, the statute of limitations doesn’t begin until discovery, with no absolute cap. This is one of the few true exceptions to New Hampshire’s strict timing rules.

Minors: For patients under 18, the statute doesn’t begin running until they reach age 18, but in no event later than their 20th birthday.

Wrongful Death: Three-Year Deadline from Date of Death

RSA 556:8 establishes a three-year statute of limitations for wrongful death claims, measured from the date of death, not the date of the injury that caused death.

Example: A person is severely injured in a construction accident on March 1, 2026, but doesn’t succumb to those injuries until June 1, 2026. The three-year clock for a wrongful death claim starts on June 1, 2026, meaning the claim must be filed by June 1, 2029.

Fraud and Intentional Concealment

Under RSA 508:4, II, if a defendant fraudulently conceals facts that would give rise to a cause of action, the statute of limitations is tolled (paused) until the plaintiff discovers or reasonably should have discovered the fraud.

Tolling for Minors and Incapacitated Persons

RSA 508:8 provides that if a plaintiff is under age 18 or legally incompetent when the cause of action accrues:

  • The statute of limitations doesn’t begin running until the disability is removed (turning 18 or regaining competency)
  • However, the total extension cannot exceed several years beyond the standard limitation period in some circumstances

Claims Against the State: Additional Notice Requirements

While the statute of limitations still applies, claims against state entities require additional preliminary steps (discussed in Section 4). The formal notice requirements don’t replace the statute of limitations—both must be satisfied.

2. New Hampshire’s Modified Comparative Negligence System

New Hampshire follows a modified comparative negligence rule with a 51% bar, codified in RSA 507:7-d. This system allows injured parties to recover damages even when partially at fault, but with significant restrictions.

The 51% Bar Rule Explained

Under New Hampshire law:

  • A plaintiff can recover damages if they are 50% or less at fault for their injuries
  • If the plaintiff is 51% or more at fault, they recover nothing
  • Any damages awarded are reduced by the plaintiff’s percentage of fault

This differs from:

  • Pure comparative negligence (used by California, New York, Florida): Plaintiffs recover even at 99% fault
  • 50% bar rule (used by Colorado, Maine): Plaintiffs barred at 50% fault instead of 51%
  • Contributory negligence (used by Virginia, Maryland): Any fault bars recovery

Real-World Examples

Example 1: 20% Plaintiff Fault

Sarah is driving on Route 101 when Tom runs a red light and strikes her vehicle. Investigation reveals Sarah was traveling 10 mph over the speed limit. The jury finds:

  • Total damages: $100,000
  • Sarah’s fault: 20%
  • Tom’s fault: 80%

Result: Sarah recovers $80,000 ($100,000 minus 20%)

Example 2: 50% Plaintiff Fault (Can Still Recover)

Mike slips on ice in a grocery store parking lot. Evidence shows:

  • The store failed to apply ice melt for 12 hours after a storm (negligent)
  • Mike was looking at his phone rather than watching where he walked (contributorily negligent)
  • The jury assigns 50% fault to each party
  • Total damages: $60,000

Result: Mike recovers $30,000 (50% of damages). At exactly 50% fault, New Hampshire law still permits recovery.

Example 3: 51% Plaintiff Fault (Complete Bar)

Jessica’s motorcycle collides with a car. The jury determines:

  • Jessica was speeding significantly and failed to brake timely: 51% fault
  • The car driver failed to yield: 49% fault
  • Total damages: $200,000

Result: Jessica recovers $0. Because her fault exceeds 50%, the 51% bar applies and she cannot recover any damages, even though the other driver was also negligent.

How Comparative Fault is Determined

The jury (or judge in a bench trial) receives instructions to:

  1. Determine total damages without considering fault
  2. Assign percentage fault to each party
  3. Verify the plaintiff’s fault doesn’t exceed 50%
  4. Reduce damages by plaintiff’s percentage

Factors considered in fault allocation include:

  • Traffic violations
  • Safety rule violations
  • Distraction or inattention
  • Intoxication
  • Failure to maintain property
  • Assumption of known risks

Impact on Settlement Negotiations

New Hampshire’s 51% bar creates strategic implications:

  • Insurance adjusters often argue plaintiff fault exceeds 51% to avoid liability entirely
  • Cases with close fault questions (45-55% range) carry high stakes and risk
  • Plaintiffs with clear contributory negligence often settle rather than risk complete loss at trial

Multiple Defendants

When multiple defendants share fault, New Hampshire applies joint and several liability rules (discussed in Section 6), but the plaintiff’s comparative fault is still calculated against the total.

Example: Plaintiff is 30% at fault, Defendant A is 40% at fault, Defendant B is 30% at fault. Plaintiff can recover 70% of damages from either or both defendants according to joint and several liability rules.

3. Damage Caps in New Hampshire

Unlike many states, New Hampshire generally does not impose statutory caps on damages in personal injury cases. This relatively plaintiff-friendly approach means juries can award full compensation without artificial limits.

No Caps on Non-Economic Damages (General Personal Injury)

New Hampshire has no statutory cap on non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) in standard personal injury cases. This contrasts sharply with states like:

  • California: $250,000 cap on medical malpractice non-economic damages
  • Texas: $250,000 per defendant cap on medical malpractice non-economic damages
  • Colorado: Approximately $642,180 cap (inflation-adjusted) on general non-economic damages

Example: A jury in a New Hampshire car accident case could award $2 million in non-economic damages for severe permanent injuries without any statutory reduction, provided the award is supported by evidence and not excessive under common law standards.

Medical Malpractice: No Statutory Caps

Significantly, New Hampshire is one of the minority of states with no caps on medical malpractice damages, whether economic or non-economic. RSA 507-C (the Medical Injury and Patient’s Compensation Act) was repealed in 1986, and no replacement cap system was enacted.

This means:

  • No limit on pain and suffering awards
  • No limit on economic damages
  • Awards limited only by evidence and common law excessiveness standards

Punitive Damages: No Specific Cap But High Standards

New Hampshire allows punitive damages but requires proof that defendant’s conduct was “malicious, wanton, or oppressive” or showed “reckless or callous disregard” for plaintiff’s rights. While there’s no specific statutory cap, New Hampshire courts apply constitutional scrutiny.

Constitutional Limits: Following U.S. Supreme Court precedent in State Farm v. Campbell, New Hampshire courts:

  • Review punitive awards for excessiveness under due process
  • Generally disfavor ratios exceeding 9:1 or 10:1 (punitive to compensatory)
  • Require punitive damages be reasonably related to compensatory damages and reprehensibility

Example: In a case with $100,000 compensatory damages, a punitive award exceeding $900,000-$1,000,000 would likely face constitutional challenge unless extremely egregious conduct is shown.

Wrongful Death Damages: No Statutory Cap

RSA 556:12 allows recovery of “fair and just damages” in wrongful death cases with no specific cap. Recoverable damages include:

  • Loss of companionship and consortium
  • Loss of guidance and advice
  • Economic losses (lost financial support)
  • Funeral and burial expenses

Lost Wage Claims: No Cap

Economic damages including past and future lost wages have no statutory limit. Plaintiffs can recover full proven economic losses with proper expert testimony.

Court Review of Excessive Verdicts

While New Hampshire has no statutory caps, trial courts can:

  • Grant remittitur (reduction) of excessive verdicts
  • Order new trials when damages shock the conscience
  • Apply common law excessiveness review

Appellate courts review damage awards for abuse of discretion but give substantial deference to jury verdicts supported by evidence.

2026 Dollar Amounts Summary

  • Non-economic damages cap (personal injury): None
  • Non-economic damages cap (medical malpractice): None
  • Punitive damages statutory cap: None (constitutional limits apply)
  • Wrongful death damages cap: None
  • Economic damages cap: None

This absence of caps makes New Hampshire relatively favorable for plaintiffs with severe injuries and substantial damages.

4. Government Claims Process in New Hampshire

Filing claims against state, county, or municipal entities in New Hampshire requires compliance with specific notice requirements and procedural rules that differ significantly from standard personal injury claims.

State Government Claims: Notice Requirements

RSA 541-B:14 establishes requirements for claims against the state of New Hampshire:

  • Written notice must be provided to the Risk Management Unit within 60 days of the incident giving rise to the claim
  • Notice must include:
    • Name and address of claimant
    • Date, time, and location of incident
    • Description of the incident
    • Nature and extent of injuries
    • Amount of damages claimed (can be estimated)

Critical Deadline: The 60-day notice requirement is jurisdictional. Failure to provide timely notice typically bars the claim entirely, regardless of its merit.

Where to File: Risk Management Unit
Department of Administrative Services
State of New Hampshire
25 Capitol Street, Room 120
Concord, NH 03301

Municipal and County Claims: Notice Requirements

Claims against cities, towns, and counties follow RSA 507-B:4 and RSA 507-B:6:

  • Written notice must be provided within 60 days of the incident
  • Notice goes to the municipality’s or county’s governing body (city council, selectmen, county commissioners)
  • Similar content requirements as state claims

Municipal Notice Example: For a slip and fall on a Manchester sidewalk, written notice must reach the Manchester Board of Mayor and Aldermen within 60 days.

Exceptions to Notice Requirements

New Hampshire recognizes limited exceptions:

  • Actual Knowledge: If the governmental entity has actual knowledge of the incident and resulting injury through other means, strict compliance may be excused
  • Incapacity: Physical or mental incapacity preventing notice filing may toll the deadline
  • Minors: Special provisions may apply for injured minors

However, these exceptions are narrowly construed. Don’t rely on exceptions—file timely notice.

Sovereign Immunity Limitations

Even with proper notice, New Hampshire retains sovereign immunity in many circumstances:

RSA 507-B:2 lists governmental functions that retain immunity:

  • Legislative and judicial functions
  • Discretionary policy decisions (versus ministerial acts)
  • Licensing and inspection activities
  • Snow and ice removal operations (with important exceptions)

Waiver of Immunity: The state waives immunity for:

  • Operation of motor vehicles
  • Maintenance of buildings and grounds
  • Certain proprietary (business-like) functions

Highway Defects: Special Rules

RSA 231:92-a creates specific requirements for highway defect claims:

  • Applies to claims based on defects in state-maintained highways
  • Written notice required within 60 days
  • Notice to Commissioner of Transportation
  • State only liable for defects it knew or should have known about

Municipal Highway Defects (RSA 231:92-95):

  • Notice within 60 days to municipality
  • Municipality only liable if it had notice of defect and reasonable time to repair

Snow and Ice Removal

New Hampshire historically provided broad immunity for snow and ice removal decisions (RSA 231:60), though municipalities may be liable for affirmative acts of negligence (such as creating ice hazards through negligent drainage).

Statute of Limitations Still Applies

The 60-day notice requirement doesn’t replace the three-year statute of limitations—both must be satisfied:

  1. Provide written notice within 60 days of incident
  2. File lawsuit within three years of incident (if claim isn’t resolved)

Damage Caps for Government Claims

Unlike some states, New Hampshire doesn’t impose special damage caps for governmental claims. Standard damage rules apply.

The Claims Review Process

After filing notice:

  1. The governmental entity reviews the claim
  2. Entity may investigate and request additional information
  3. Entity may offer settlement or deny the claim
  4. If denied or not resolved, claimant must file lawsuit within the statute of limitations

Practical Considerations

  • Consult an attorney immediately for government claims due to short deadlines
  • Preserve evidence and document everything related to the incident
  • Photograph conditions (if applicable) as soon as possible
  • Identify witnesses early
  • Don’t miss the 60-day window—this deadline is strictly enforced

5. Common Personal Injury Case Types in New Hampshire

New Hampshire’s geography, economy, and infrastructure create particular patterns of personal injury cases. Understanding the most common claim types helps injured parties recognize their rights.

Motor Vehicle Accidents

Car accidents represent the most common personal injury claim type in New Hampshire:

Contributing Factors:

  • Heavy tourism traffic, especially summer and fall foliage season
  • I-93 corridor congestion between Massachusetts border and Concord
  • Rural roads with curves, frost heaves, and wildlife hazards
  • Harsh winter conditions creating ice and reduced visibility
  • Distracted driving and speeding

Common Injury Types:

New Hampshire-Specific Issues:

  • No mandatory auto insurance (see Section 6)
  • Motorcycle accidents particularly common due to NH’s popularity with riders
  • Tourist-related accidents peak June through October

Premises Liability (Slip and Fall)

Property owners’ duty to maintain safe premises generates significant litigation:

Common Scenarios:

  • Slip and falls on ice in parking lots
  • Falls on defective stairs or walkways
  • Inadequate lighting causing trips and falls
  • Snow and ice accumulation on commercial property
  • Negligent maintenance of rental properties

Seasonal Considerations: New Hampshire’s harsh winters create elevated slip-and-fall risks from November through March, particularly during freeze-thaw cycles.

Medical Malpractice

Despite a relatively small population, New Hampshire sees medical malpractice claims involving:

Common Claims:

Challenges: Medical malpractice cases require expert testimony under New Hampshire law and involve complex medical causation issues.

Workplace Injuries

New Hampshire workers may pursue injury claims in specific circumstances:

Workers’ Compensation System: Most workplace injuries fall under RSA Chapter 281-A, providing no-fault benefits but generally barring personal injury lawsuits against employers.

Third-Party Claims: Injured workers can sue negligent third parties:

  • Defective equipment manufacturers
  • Negligent contractors on construction sites
  • Negligent drivers in work-related vehicle accidents
  • Property owners (for injuries on their premises)

Intentional Harm Exception: Workers can sue employers for intentional torts.

Products Liability

Defective product claims arise from:

  • Defective consumer goods
  • Dangerous pharmaceuticals
  • Defective medical devices
  • Defective vehicles and vehicle components
  • Toxic exposures

New Hampshire recognizes all three types of defects: design defects, manufacturing defects, and failure to warn.

Dog Bites

New Hampshire sees regular dog bite litigation under its statutory liability scheme (discussed in Section 6).

Recreational Accidents

Given New Hampshire’s outdoor recreation industry, recreational injury claims are notable:

Common Scenarios:

  • Ski and snowboard accidents at Waterville Valley, Loon Mountain, Cannon Mountain, etc.
  • ATV and snowmobile accidents
  • Boating accidents on Lake Winnipesaukee and other lakes
  • Hiking injuries on White Mountain trails

Important Limitation: RSA 225-A:24 provides ski area operators limited immunity for inherent risks of skiing.

Construction Accidents

New Hampshire’s construction industry generates serious injury claims:

Third-party liability: Workers injured on construction sites may have claims against general contractors, subcontractors, or property owners in addition to workers’ compensation.

Nursing Home Negligence

With an aging population, nursing home neglect and abuse cases include:

Wrongful Death

Fatal accidents across all categories lead to wrongful death claims, with motor vehicle accidents and workplace fatalities being most common.

New Hampshire’s personal injury landscape includes several distinctive legal provisions that set it apart from other states.

No Mandatory Auto Insurance Requirement

New Hampshire is one of only two states (along with Virginia) that doesn’t require drivers to carry auto insurance. This creates unique challenges:

Financial Responsibility Alternative (RSA 264:2):

  • Drivers can post a $50,000 bond instead of carrying insurance
  • After an at-fault accident, drivers must prove financial responsibility or face license suspension

Practical Impact:

  • Uninsured motorist coverage is critical for New Hampshire drivers
  • Many at-fault drivers lack insurance or sufficient assets for full compensation
  • Collecting judgments can be difficult

Minimum Coverage (When Insurance Is Carried):

  • $25,000 bodily injury per person
  • $50,000 bodily injury per accident
  • $25,000 property damage

These minimums are often inadequate for serious injuries.

Dog Bite Liability: Strict Liability Statute

RSA 466:19 imposes strict liability for dog bites:

  • Dog owners are liable for damages if their dog “without provocation” bites or attacks a person
  • Plaintiff need not prove the owner knew the dog was dangerous (no “one-bite rule”)
  • Liability applies whether or not the dog has bitten before
  • Defenses include provocation and trespassing

Exception: The injured person must be lawfully on the property and not provoking the dog.

Comparative Fault Applies: Even under strict liability, the plaintiff’s comparative negligence can reduce damages (e.g., if the person was teasing the dog).

Example: A dog with no history of aggression bites a mail carrier delivering mail. The owner is strictly liable even though this is the dog’s first bite and the owner had no reason to believe the dog was dangerous.

Dram Shop Law: Limited Liability

RSA 507-F:4 establishes limited dram shop liability for establishments that serve alcohol:

Liability Exists When:

  • An establishment serves alcohol to a person “who is actually or apparently under the influence of intoxicating liquor”
  • That intoxicated person causes injury or death
  • The service of alcohol was a proximate cause of the injury

Important Limitations:

  • No liability for simply serving an adult who later becomes intoxicated
  • Plaintiff must prove the person was already visibly intoxicated when served
  • Social hosts (private parties) generally have no liability for serving adult guests

Exception for Minors (RSA 507-F:5): Liability is broader for furnishing alcohol to minors (under 21). Anyone who serves alcohol to a minor may be liable if the minor causes injury.

Example: A bartender continues serving drinks to a patron showing obvious signs of intoxication (slurred speech, stumbling). The patron drives and causes an accident. The bar may be liable under RSA 507-F:4.

Joint and Several Liability: The 50% Rule

RSA 507:7-e modifies traditional joint and several liability:

General Rule: When multiple defendants are at fault:

  • Each defendant 50% or more at fault is jointly and severally liable for all economic and non-economic damages
  • Defendants less than 50% at fault are severally (individually) liable only for their proportionate share of non-economic damages
  • All defendants remain jointly and severally liable for economic damages

Practical Impact:

Example: Three defendants cause an accident:

  • Defendant A: 60% at fault
  • Defendant B: 30% at fault
  • Defendant C: 10% at fault
  • Total damages: $100,000 economic, $200,000 non-economic

Result:

  • Defendant A (>50%): Jointly and severally liable for all damages ($300,000 total)
  • Defendant B (<50%): Jointly and severally liable for $100,000 economic damages, but only severally liable for $60,000 of non-economic damages (30% of $200,000)
  • Defendant C (<50%): Jointly and severally liable for $100,000 economic damages, but only severally liable for $20,000 of non-economic damages (10% of $200,000)

If Defendant A is judgment-proof (bankrupt), plaintiff can collect all economic damages from Defendants B and C, but can only collect proportionate non-economic damages from them.

Collateral Source Rule: Traditional Application

New Hampshire follows the traditional collateral source rule:

  • Evidence of payments from collateral sources (health insurance, disability insurance, etc.) is not admissible to reduce damages
  • Plaintiffs can recover full damages even if partially compensated by insurance
  • No deduction from jury awards for insurance payments

Rationale: Defendants shouldn’t benefit from plaintiff’s prudence in obtaining insurance coverage.

Exception: Medicare/Medicaid liens must be satisfied from any settlement or judgment.

Wrongful Death Beneficiaries

RSA 556:12 specifies who may recover in wrongful death actions:

Beneficiaries (in order of priority):

  1. Surviving spouse
  2. If no spouse, the decedent’s children
  3. If no spouse or children, the decedent’s parents
  4. If none of the above, the decedent’s heirs at law

Estate vs. Beneficiaries: The administrator of the estate brings the action, but recovers damages for the benefit of statutory beneficiaries, not the estate (with exception for medical bills and funeral expenses).

Damages Recoverable:

  • Loss of companionship and consortium
  • Loss of advice and counsel
  • Economic losses to beneficiaries
  • Funeral and burial expenses
  • Medical expenses (paid to estate if estate paid them)

Survival Actions: Separate from Wrongful Death

RSA 556:9 allows survival actions for the decedent’s own claims:

  • The estate can pursue claims the decedent could have pursued if alive
  • Includes pain and suffering experienced before death
  • Includes lost wages from injury to death
  • Separate from wrongful death claims (different beneficiaries and damages)

Statute of Repose for Product Liability

RSA 507-D:3 establishes a 12-year statute of repose for products liability claims:

  • Claims must be brought within 12 years of product’s first sale
  • Applies even if injury occurred more recently
  • Limited exceptions for latent diseases and injuries

Recreational Use Statute

RSA 212:34 limits landowner liability for recreational users:

  • Landowners who permit free recreational use of their land owe no duty to keep premises safe
  • Encourages landowners to allow hiking, hunting, fishing, etc.
  • Exception: Doesn’t apply if owner charges a fee or acts willfully/maliciously

Helmet Law (Motorcycles)

New Hampshire has no mandatory motorcycle helmet law for riders 18 and older. However:

  • Failure to wear a helmet can be argued as comparative negligence
  • May affect damages for head injuries

Seatbelt Defense

New Hampshire law makes seatbelt use mandatory (RSA 265:107-a), but:

  • Evidence of non-use is generally not admissible to prove contributory negligence
  • Exception: May be relevant to causation of specific injuries

7. Types of Damages Available in New Hampshire

New Hampshire law permits recovery of various damage categories designed to make injured plaintiffs whole and, in exceptional cases, punish egregious conduct.

Economic Damages

Economic damages compensate for objectively verifiable financial losses:

Medical Expenses:

  • Past medical bills (emergency care, hospitalization, surgery, medication)
  • Future medical expenses (ongoing treatment, rehabilitation, future surgeries)
  • Medical equipment (wheelchairs, prosthetics, home modifications)
  • Prescription medications

Requirement: Must prove reasonableness and necessity with medical testimony and billing records.

Lost Wages:

  • Past lost income from missed work
  • Future lost earning capacity if unable to return to prior employment
  • Lost benefits (health insurance, retirement contributions)

Requirement: Documentation through pay stubs, tax returns, employer statements, and vocational expert testimony for future losses.

Property Damage:

  • Vehicle repair or replacement
  • Damaged personal property
  • Fair market value at time of loss

Other Economic Losses:

  • Household services (if injury prevents performing household tasks)
  • Transportation to medical appointments

No Cap: New Hampshire imposes no limit on economic damages. Full proven economic losses are recoverable.

Non-Economic Damages

Non-economic damages compensate for subjective, non-financial harm:

Pain and Suffering:

  • Physical pain from injuries
  • Discomfort during recovery
  • Chronic pain conditions
  • Ongoing physical limitations

Emotional Distress:

  • Anxiety and depression resulting from injury
  • PTSD from traumatic events
  • Fear and mental anguish
  • Loss of sleep

Loss of Enjoyment of Life:

  • Inability to participate in hobbies and activities
  • Reduced quality of life
  • Loss of life’s pleasures

Disfigurement and Scarring:

Loss of Consortium:

  • Spouse’s loss of companionship, affection, and sexual relations
  • Separate claim brought by spouse

Proving Non-Economic Damages:

  • Plaintiff’s testimony about impact
  • Testimony from family members
  • Medical testimony about limitations
  • Before-and-after evidence (photos, activity participation)

No Cap: New Hampshire has no statutory cap on non-economic damages in any case type.

Punitive Damages

Punitive damages punish egregious conduct and deter similar future behavior. New Hampshire permits punitive damages but with high standards:

Legal Standard: Defendant’s conduct must be:

  • “Malicious, wanton, or oppressive,” or
  • Show “reckless or callous disregard” for plaintiff’s rights

Not Available For: Ordinary negligence or even gross negligence alone.

Examples of Punitive Damage Scenarios:

  • Drunk driving causing injury
  • Intentional assault
  • Fraud or deliberate concealment
  • Reckless corporate misconduct with knowledge of danger

Constitutional Limits:

  • Must bear reasonable relationship to compensatory damages
  • Single-digit multipliers generally presumed acceptable
  • Excessiveness reviewed under due process

Procedure: Separate jury determination after liability and compensatory damages are established.

Example: A drunk driver with three prior DUI convictions causes a severe injury accident. The jury awards $200,000 in compensatory damages and $600,000 in punitive damages (3:1 ratio) based on the defendant’s reckless disregard for safety.

Wrongful Death Damages

Wrongful death claims under RSA 556:12 permit recovery of:

Economic Damages:

  • Lost financial support the decedent would have provided
  • Lost benefits (health insurance, pension)
  • Funeral and burial expenses
  • Medical expenses between injury and death

Non-Economic Damages:

  • Loss of companionship, society, and affection
  • Loss of guidance, advice, and counsel
  • Loss of protection
  • Emotional harm to beneficiaries

Not Recoverable:

  • Decedent’s pain and suffering (recovered through separate survival action)
  • Grief of beneficiaries independent of loss of relationship

Pre-Judgment Interest

New Hampshire awards pre-judgment interest on liquidated claims (those calculable with certainty) under RSA 524:1. The current rate is 10% annually, making New Hampshire’s pre-judgment interest notably high compared to many states.

For unliquidated claims (most personal injury cases), courts have discretion to award pre-judgment interest from a reasonable date.

Post-Judgment Interest

RSA 524:1-b provides for post-judgment interest at a statutory rate (currently 10% annually) from the date of judgment until paid.

Attorney’s Fees

New Hampshire generally follows the “American Rule”—each party pays their own attorney’s fees. Exceptions include:

  • Statutory provisions allowing fees in specific case types
  • Contractual provisions
  • Sanctions for bad faith litigation conduct

In most personal injury cases, plaintiffs don’t recover attorney’s fees as damages.

Mitigation of Damages

Plaintiffs have a duty to mitigate (minimize) damages:

  • Seek reasonable medical treatment
  • Follow doctor’s orders
  • Attempt to return to work when medically able

Failure to mitigate can reduce damage awards.

Damage Award Procedures

Jury Determination: In jury trials, the jury determines damages based on evidence and instructions.

Special Verdict Forms: Courts often use special verdict forms requiring juries to itemize economic and non-economic damages separately.

Remittitur: Judges can reduce excessive verdicts or order new trials on damages.

8. The Personal Injury Claims Process in New Hampshire

Understanding the step-by-step progression of a personal injury claim helps injured parties navigate the system effectively.

Step 1: Seek Medical Treatment

Immediate Actions:

  • Obtain emergency medical care for serious injuries
  • Document all injuries with medical providers
  • Follow all treatment recommendations
  • Keep records of all medical visits, prescriptions, and bills

Importance: Medical records establish injury causation and extent. Gaps in treatment can be used to argue injuries weren’t serious.

Step 2: Document the Incident

Preserve Evidence:

  • Take photographs of accident scene, injuries, property damage
  • Obtain contact information for witnesses
  • Keep damaged property (clothing, products, etc.)
  • Write detailed notes about what happened while memory is fresh
  • Obtain police reports (for motor vehicle accidents)
  • For premises liability, document conditions (ice, defects, poor lighting)

Step 3: Report to Insurance

Your Insurance:

  • Report accidents to your auto or homeowners insurance as required by policy
  • Provide factual information but avoid detailed statements before consulting attorney

Other Party’s Insurance:

  • The other party should report to their insurance
  • Their insurer may contact you—be cautious about recorded statements
  • You’re not obligated to give recorded statements to other party’s insurer

Step 4: Provide Government Notice (If Applicable)

If a government entity is potentially liable:

  • Prepare written notice within 60 days
  • Include all required information (RSA 541-B:14 or RSA 507-B)
  • Send via certified mail with return receipt
  • Keep copies of all correspondence

Step 5: Consult an Attorney

When to Seek Legal Counsel:

  • Serious injuries requiring hospitalization or surgery
  • Permanent disability or disfigurement
  • Significant lost wages
  • Liability disputes
  • Insurance company denies claim
  • Government entity involved
  • Multiple parties involved

What Attorneys Provide:

  • Case evaluation
  • Evidence gathering and investigation
  • Expert witness retention
  • Negotiation with insurance companies
  • Litigation if settlement isn’t achieved
  • Protection of legal rights and deadlines

Contingency Fees: Most personal injury attorneys work on contingency—they receive a percentage (typically 33-40%) of recovery only if you win.

Step 6: Investigation and Evidence Gathering

Attorney’s Investigation:

  • Obtain all medical records and bills
  • Gather employment records for lost wage documentation
  • Obtain accident reports
  • Interview witnesses
  • Photograph injuries and accident scene (if not already done)
  • Consult with medical experts
  • Consult with accident reconstruction experts (if needed)
  • Review insurance policies
  • Research defendant’s assets and insurance coverage

Step 7: Demand Letter and Negotiation

Demand Package: After reaching maximum medical improvement (MMI), attorney sends comprehensive demand letter to insurance company including:

  • Liability explanation
  • Medical records and bills
  • Lost wage documentation
  • Narrative of injuries and impact
  • Damage calculation
  • Settlement demand

Negotiation:

  • Insurance adjuster reviews demand
  • Adjuster may make counteroffer
  • Multiple rounds of negotiation often occur
  • Goal: Reach fair settlement without litigation

Settlement Considerations:

  • Certainty vs. trial risk
  • Time and expense of litigation
  • Strength of liability and damages evidence
  • Comparative fault concerns
  • Insurance policy limits

Step 8: Filing a Lawsuit (If Settlement Fails)

If settlement negotiations don’t produce acceptable results:

Complaint: Attorney files complaint in appropriate court:

  • Superior Court (for amounts exceeding $1,500)
  • District Court (for amounts $1,500 or less, though rarely used for injury cases)

Service of Process: Defendant must be properly served with complaint and summons.

Filing Fees: Court filing fees apply (currently approximately $250 for Superior Court).

Statute of Limitations: Lawsuit must be filed within three years of injury (or other applicable deadline).

Step 9: Discovery Process

After lawsuit filing, formal discovery begins:

Interrogatories: Written questions each party must answer under oath

Requests for Production: Requests for documents (medical records, employment records, correspondence, photographs)

Depositions: Sworn testimony of parties, witnesses, and experts, recorded by court reporter

Medical Examinations: Defendant may request plaintiff undergo independent medical examination (IME)

Expert Disclosures: Parties disclose expert witnesses and their opinions

Timeline: Discovery can take 6-18 months depending on case complexity.

Step 10: Mediation and Settlement Conferences

Court-Ordered Mediation: New Hampshire courts often require mediation before trial.

Mediation Process:

  • Neutral mediator facilitates settlement discussions
  • Non-binding unless parties reach agreement
  • High settlement rate—many cases resolve at mediation

Judicial Settlement Conferences: Some courts hold settlement conferences with judges.

Step 11: Trial Preparation

If mediation fails:

Trial Preparation:

  • Finalize witness lists
  • Prepare trial exhibits
  • Prepare witness testimony
  • Develop trial strategy
  • File motions in limine (to exclude certain evidence)
  • Prepare jury instructions

Pre-Trial Conference: Judge and attorneys discuss trial procedures, potential settlements, evidentiary issues.

Step 12: Trial

Jury Selection: Voir dire process selects impartial jury (typically 12 jurors in Superior Court).

Opening Statements: Each side previews their case.

Plaintiff’s Case-in-Chief:

  • Plaintiff presents witnesses and evidence
  • Medical experts testify about injuries and treatment
  • Economic experts testify about lost wages and future damages
  • Lay witnesses testify about accident and impact

Defendant’s Case:

  • Defendant presents defense witnesses and evidence
  • May challenge causation, liability, or damages
  • May present own experts

Closing Arguments: Each side argues their case based on the evidence.

Jury Instructions: Judge instructs jury on applicable law.

Deliberation: Jury deliberates and reaches verdict.

Verdict: Jury announces findings on liability and damages.

Timeline: Trials typically last 2-7 days for moderate complexity personal injury cases.

Step 13: Post-Trial Motions and Appeals

Post-Trial Motions:

  • Motion for judgment notwithstanding verdict
  • Motion for new trial
  • Motion for remittitur (reducing damages)

Appeals:

  • Either party can appeal to New Hampshire Supreme Court
  • Must file notice of appeal within 30 days
  • Appeals take 12-24 months

Step 14: Collection

After favorable verdict or settlement:

Settlement:

  • Insurance company typically pays within 30-60 days
  • Attorney resolves liens (medical, Medicare, etc.)
  • Client receives net proceeds

Judgment:

  • If defendant doesn’t pay voluntarily, collection efforts required
  • Wage garnishment, property liens, asset seizure possible
  • Uncollectible judgments if defendant lacks assets

Timeline Summary

Typical Case Timelines:

  • Settlement without lawsuit: 3-12 months
  • Settlement after filing lawsuit: 12-24 months
  • Trial verdict: 18-36 months
  • Appeal: Add 12-24 months

Complex cases or those involving government entities may take longer.

9. New Hampshire Court System and Jurisdiction

Understanding where and how to file personal injury claims requires knowledge of New Hampshire’s court structure.

Superior Court: Primary Personal Injury Venue

New Hampshire Superior Court handles most personal injury cases:

Jurisdiction:

  • Unlimited jurisdiction over civil matters
  • Personal injury cases involving more than $1,500 in controversy
  • Exclusive jurisdiction for cases seeking more than $25,000

Locations: Superior Court sits in each of New Hampshire’s 10 counties:

  • Belknap County (Laconia)
  • Carroll County (Ossipee)
  • Cheshire County (Keene)
  • Coos County (Lancaster)
  • Grafton County (North Haverhill)
  • Hillsborough County (Manchester and Nashua)
  • Merrimack County (Concord)
  • Rockingham County (Brentwood)
  • Strafford County (Dover)
  • Sullivan County (Newport)

Venue Rules: Under RSA 507:10, venue is proper in the county where:

  • Defendant resides, or
  • Defendant has a regular place of business, or
  • The cause of action arose

Jury Trials: Available as a matter of right in Superior Court for personal injury cases.

Judges: Superior Court judges are appointed by the Governor with Executive Council consent.

Circuit Court: Limited Personal Injury Role

New Hampshire Circuit Court includes District and Family Divisions:

District Court (Civil Division):

  • Jurisdiction up to $25,000
  • Rarely used for personal injury cases (most injury cases seek more than $25,000)
  • No jury trials for civil matters
  • Faster, more informal procedures

When Used: Small property damage claims, minor injury claims settling for under $25,000.

Locations: District Courts throughout the state in numerous cities and towns.

Small Claims Court

Small Claims: Part of District Court, handles claims up to $10,000 (RSA 503).

Procedures:

  • Simplified pleadings
  • No attorneys required (though permitted)
  • Informal rules of evidence
  • Quick resolution

Personal Injury Use: Very limited—only for smallest claims where injuries are truly minor.

New Hampshire Supreme Court

Appellate Jurisdiction Only:

  • Reviews appeals from Superior Court and Circuit Court
  • Five justices
  • Located in Concord
  • Final authority on New Hampshire law

No Original Jurisdiction: Personal injury cases don’t start in Supreme Court.

Federal District Court for the District of New Hampshire

Limited Federal Jurisdiction: The U.S. District Court for the District of New Hampshire can hear personal injury cases only when:

Diversity Jurisdiction (28 U.S.C. § 1332):

  • Complete diversity (plaintiff and all defendants from different states)
  • Amount in controversy exceeds $75,000

Federal Question Jurisdiction:

  • Claims arising under federal law (e.g., civil rights claims under 42 U.S.C. § 1983)

Most Personal Injury Cases Remain in State Court: Traditional negligence claims between New Hampshire residents proceed in state Superior Court.

Federal Court Locations: Courthouses in Concord.

Filing Procedures

Superior Court Filing:

  1. Prepare complaint with allegations and prayer for relief
  2. Pay filing fee (approximately $250)
  3. File with Superior Court clerk in appropriate county
  4. Serve defendant with summons and complaint
  5. Defendant has 30 days to answer

Electronic Filing: New Hampshire has implemented e-filing systems for certain document types.

Case Management

Superior Court:

  • Case management orders establish deadlines
  • Discovery deadlines (typically 8-12 months)
  • Mandatory mediation in many counties
  • Trial scheduling (typically 18-24 months from filing)

Jury Trial Procedures

Jury Size: 12 jurors in Superior Court civil cases (can stipulate to fewer).

Jury Verdicts: Requires agreement of at least 9 of 12 jurors (RSA 500-A:11).

Jury Selection: Through voir dire process; each side has peremptory challenges.

Jury Instructions: Judge instructs jury on law; parties propose instructions.

Court Costs and Fees

Filing Fees: Approximately $250 for Superior Court complaints (subject to change).

Service Fees: Sheriff or process server fees for serving defendants.

Expert Witness Fees: Parties pay their own expert witnesses.

Court Reporter Fees: For depositions (typically $3-5 per page for transcripts).

Copying Costs: For medical records and documents.

Prevailing Party Fees: Generally each party pays own attorney’s fees and costs (American Rule).

Public Access

New Hampshire court proceedings are generally open to the public:

  • Court hearings are public
  • Filed documents are public record (with limited exceptions)
  • Verdicts are public

Sealed Records: Available only in limited circumstances by court order.

Alternative Dispute Resolution

Court-Annexed Mediation: Many New Hampshire counties require mediation before trial.

Private Arbitration: Parties can agree to binding or non-binding arbitration.

Benefits: Faster, less expensive, confidential resolution.

10. State-Specific Resources for Personal Injury Victims

New Hampshire provides numerous resources to help injured parties understand their rights and access assistance.

New Hampshire Bar Association

  • Website: https://www.nhbar.org
  • Lawyer Referral Service: (603) 715-3279
  • Provides referrals to attorneys by practice area
  • Initial consultation often at reduced rate
  • CLE resources and legal information

New Hampshire Legal Assistance

  • Website: https://www.nhlegalaid.org
  • Phone: 1-800-639-5290 (Statewide legal advice and referral line)
  • Provides free civil legal assistance to eligible low-income residents
  • Offices in Berlin, Claremont, Concord, Littleton, Manchester, and Portsmouth
  • Does not typically handle personal injury cases but can provide referrals

Pro Bono Program

Court Resources

New Hampshire Judicial Branch

  • Website: https://www.courts.nh.gov
  • Court locations and contact information
  • Electronic filing information
  • Court forms and instructions
  • Case status lookup
  • Self-help resources

Superior Court Locations and Information

Circuit Court Information

New Hampshire Law Library

  • Located in Supreme Court Building, Concord
  • Legal research resources
  • Open to public

State Agency Resources

New Hampshire Department of Safety

New Hampshire Insurance Department

New Hampshire Board of Medicine

New Hampshire Workers’ Compensation

Victim Services and Compensation

New Hampshire Victims’ Compensation Program

  • Website: https://www.doj.nh.gov/grants-management/victims-compensation/
  • Phone: (603) 271-1284
  • Administered by Department of Justice
  • Financial assistance for victims of violent crimes
  • Covers medical expenses, lost wages, funeral costs
  • Application deadline: 2 years from crime date
  • Does not require perpetrator conviction

Office of Victim/Witness Assistance

New Hampshire Coalition Against Domestic and Sexual Violence

  • Website: https://www.nhcadsv.org
  • Crisis Line: 1-866-644-3574 (24/7)
  • Member programs throughout state
  • Support for domestic violence and sexual assault victims

Medical and Healthcare Resources

New Hampshire Hospital Association

Foundation for Healthy Communities

Regulatory and Professional Boards

Office of Professional Licensure and Certification

  • Website: https://www.oplc.nh.gov
  • Oversees licensing boards including:
    • Board of Medicine
    • Board of Nursing
    • Board of Pharmacy
    • Board of Dental Examiners
  • License verification
  • Complaint procedures

Consumer Protection

New Hampshire Department of Justice – Consumer Protection Bureau

New Hampshire Revised Statutes Annotated

New Hampshire Supreme Court Opinions

New Hampshire General Court (Legislature)

Support Organizations

Brain Injury Association of New Hampshire

  • Website: https://www.bianh.org
  • Phone: (603) 225-8400
  • Support for brain injury survivors and families
  • Resources and referrals

Spinal Cord Injury Association of New Hampshire

  • Support and resources for spinal cord injury survivors

American Chronic Pain Association – NH Support Groups

  • Support for chronic pain sufferers
  • Local meeting information

Emergency and Crisis Services

New Hampshire 2-1-1

  • Phone: 2-1-1 or 1-866-444-4211
  • Website: https://www.211nh.org
  • Information and referral for health and human services
  • Crisis intervention
  • Connections to local resources

988 Suicide and Crisis Lifeline

  • Phone: 988
  • 24/7 crisis support
  • Mental health crisis intervention

Transportation Resources

New Hampshire Department of Transportation

Important Phone Numbers Summary

  • New Hampshire Bar Association Lawyer Referral: (603) 715-3279
  • NH Legal Assistance: 1-800-639-5290
  • NH Insurance Department: (603) 271-2261
  • Victims’ Compensation Program: (603) 271-1284
  • Domestic Violence Hotline: 1-866-644-3574
  • NH 2-1-1 (Information & Referral): 2-1-1 or 1-866-444-4211
  • Crisis Lifeline: 988

New Hampshire’s personal injury legal framework reflects the state’s independent character while protecting the rights of injured parties. The state’s modified comparative negligence rule with a 51% bar, absence of damage caps, strict three-year statute of limitations, and unique provisions like no mandatory auto insurance create a distinctive landscape that injured parties must navigate carefully.

Understanding these laws is the first step toward protecting your rights. Whether you’ve been injured in a motor vehicle accident on I-93, suffered a slip and fall during New Hampshire’s harsh winters, experienced medical malpractice, or sustained any other injury caused by another’s negligence, knowing the applicable deadlines, procedural requirements, and available damages empowers you to make informed decisions.

The 60-day notice requirement for government claims, the necessity of proving fault in a modified comparative negligence system, and the importance of thorough documentation cannot be overstated. While this guide provides comprehensive information about New Hampshire personal injury law, it cannot substitute for personalized legal advice based on your specific circumstances.

If you’ve been injured, consult with an experienced New Hampshire personal injury attorney as soon as possible. Most offer free consultations and work on contingency fees, meaning you pay nothing unless you recover compensation. An attorney can evaluate your case, protect your rights, ensure compliance with all deadlines, and advocate for maximum compensation.

New Hampshire’s courts remain open to those who have been wrongfully injured, but only for those who act within the prescribed timeframes and follow proper procedures. Don’t let unfamiliarity with the law prevent you from obtaining the justice and compensation you deserve.

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Our mission is to empower individuals with the knowledge they need to make informed decisions about their personal injury cases and connect with the right legal support when necessary.

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