Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

NEW HAMPSHIRE

Negligence / Personal Injury

years with Discovery Rule. In any action for personal injury, damages awarded may include compensation for noneconomic loss, but such damages shall in no case exceed $875,000. This limitation has, however, been held unconstitutional.

Wrongful Death

years with Discovery Rule.

Medical Malpractice

years. Actions against health-care providers must be filed within two years of the malpractice. This limitations period applies to minors who are eight and older. A minor under eight has until his or her 10th birthday to file a medical malpractice action. In foreign object cases, suit must be filed within two years of insertion of the foreign object or within two years of discovering the foreign object, whichever is earlier. This rule applies to minors.

Malpractice (Other Professions)

years

Products Liability

years with Discover Rule but, if based on legal duty imposed by government, then 6 years from date defendant first incurred legal duty.
SOR, however, is 12 years from manufacture and sale.

Intentional Torts

years

Municipal Liability/Sovereign Immunity

years

Discovery Rule

Standard rule in most cases but see specific rules for medical malpractice and products liability.

Comparative Negligence

Contributory negligence is not bar to recovery if plaintiff's negligence is not greater than defendant's. Damages reduced in proportion to negligence of plaintiff.

Charitable Immunity

Abolished

Disabilities

Infants (18th birthday), incompetents, or insane persons must commence actions within 2 years after disability ceases. A person who was an infant or mentally incompetent when the cause of action accrued may bring action to recover real estate within 5 years or personal action within 2 years. SOL does not run during absence or concealment of defendant.

Punitive Damages

Permitted for malice, wanton or willful indignity in causing injury, willful trespass and conversion.

Caps:
$875,000

No-Fault Insurance

None

Other Relevant Information

years for certain actions against ski area operators.

Consumer Fraud Complaint

New Hampshire Office of Attorney General, Consumer Protection and Antitrust Bureau
http://doj.nh.gov/consumer/index.html
(603) 271-3658
(603)271-2110 (Fax)