If you have been injured in an accident in New Hampshire, you might wonder how long you must file a personal injury claim. This is an important question, as missing the deadline could mean losing your right to seek compensation. In this article, our attorneys at Altman Nussbaum Shunnarah take a closer look into the details of New Hampshire's personal injury laws and time limits.
The Statute of Limitations in New Hampshire
The time limit for filing a lawsuit is called the "statute of limitations." These laws ensure that legal matters are resolved promptly and that defendants do not face lawsuits for incidents so long ago that evidence may no longer be available. The statute of limitations is three years for personal injury cases in NH. This means you generally have three years from your injury to file a lawsuit. However, it is crucial to understand that this is a general rule, and exceptions and special circumstances can affect this timeline.
When Does the Clock Start Ticking?
Typically, the three-year countdown begins on the date of the accident or incident that caused your injury. For example, if you were injured in a car crash on July 1, 2023, you would have until July 1, 2026, to file a lawsuit. However, the start date might not be so clear-cut in some situations. In some cases, you might not discover your injury right away. This can happen with certain medical conditions or exposure to harmful substances. In these situations, New Hampshire follows the "discovery rule."
The Discovery Rule
Under the discovery rule, the statute of limitations clock starts when you discover (or reasonably should have discovered) that you were injured. This rule gives you more time to file a claim if your injury is not immediately apparent. For instance, let us say you were exposed to a toxic chemical at work, but you didn't develop symptoms until years later. In this case, the three-year countdown might start from the date you first noticed symptoms or received a diagnosis rather than the date of exposure.
Exceptions to the Three-Year Rule
While the three-year limit applies to most personal injury cases, there are some important exceptions:
- Claims Against the Government
You will need to act much faster if your injury claim is against a government entity (like a city or state agency). In New Hampshire, you must generally file a formal notice of your claim within 180 days of the injury. After that, you have three years from the date of injury to file a lawsuit.
- Medical Malpractice Cases
Medical malpractice claims in New Hampshire also have a three-year statute of limitations. However, another rule is called the "statute of repose." This states that you cannot file a medical malpractice lawsuit more than three years after the act that caused the injury, regardless of when you discovered the injury. The only exception is if the healthcare provider fraudulently concealed their mistake.
- Cases Involving Minors
If the injured person is under 18, the statute of limitations works differently. In most cases, the clock doesn't start ticking until the person turns 18. This means they typically have until their 21st birthday to file a lawsuit, regardless of when the injury occurred.
- Wrongful Death Claims
In wrongful death cases, where someone dies due to another person's negligence, the statute of limitations is three years from the date of death, not the date of the incident that led to the death.
The Importance of Acting Promptly
While New Hampshire's three-year statute of limitations might seem like a long time, it is best to start your personal injury claim as soon as possible after an accident. Here is why:
- Fresher evidence: The sooner you begin your claim, the fresher the evidence will be. This includes physical evidence from the accident scene and witness memories.
- Easier access to medical records: If you start your claim immediately, obtaining and organizing your medical records will be easier. These records are crucial for proving the extent of your injuries and linking them to the accident.
- More negotiating time: Starting early gives you and your lawyer more time to negotiate with insurance companies. If these negotiations do not lead to a fair settlement, you will still have plenty of time to file a lawsuit before the deadline.
Contact an Experienced New Hampshire Personal Injury Attorney
Understanding the statute of limitations for personal injury claims in New Hampshire is crucial if you have been injured due to someone else's negligence. Contact Altman Nussbaum Shunnarah today for legal help.