COVID-19 Tolling of Statutes of Limitations in New Hampshire

Deadlines set forth in court rules, court orders, statutes, ordinances, administrative rules, administrative orders or otherwise that are set to expire between April 7, 2020, and May 3, 2020 and/or the last day of a Declared State of Emergency are hereby extended to May 4, 2020 and/or the last day of a Declared State of Emergency. Statutes of limitations and statutes of repose that would otherwise expire during the period between April 7, 2020, and May 3, 2020 and/or the last day of a Declared State of Emergency are hereby extended to May 4, 2020 and/or the last day of a Declared State of Emergency.

The governor of NH has remained silent on the issue of tolling the statute of limitations during the Covid-19 pandemic.

Statutes of Limitations, NH

Statutes of limitations are state instituted restrictions that dictate a set time limit for a plaintiff to bring their case to court. These time restrictions are set at a state level and vary depending on the type of crime being brought up in order to keep the details of the events fresh in the minds of both the plaintiff and defendant. The clock on these statutes of limitations begins on the day the action in question is committed and it’s always beneficial to discuss your case with an attorney to be sure if your case falls within the statute of limitations for your state.

If you aren’t sure if your case falls within the statutes of limitations in NH, please contact Parker Waichman LLP. A dedicated attorney can help answer your legal questions with a free consultation. Our law firm can help you figure out if you are entitled to compensation.

Negligence / Personal Injury

3 Years – I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
N.H. Rev. Stat. Ann. § 508:4

Fraud

3 Years – I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
N.H. Rev. Stat. Ann. § 508:4

Toxic Tort

3 Years – Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
N.H. Rev. Stat. Ann. § 508:4

Wrongful Death

3 Years – I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
N.H. Rev. Stat. Ann. § 508:4

New Hampshire Statute of Limitations for Medical Malpractice

3 Years – I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
N.H. Rev. Stat. Ann. § 508:4

The New Hampshire statutes of limitations for medical malpractice states that the case must be brought to the courts within three years of the action that occurred unless it is an injury that was discovered after some time passed. If that’s the case, the discovery rule is in play and the time limit on the statute of limitations begins the day the plaintiff learns of the injury.

Malpractice (Other Professions)

3 years

Products Liability

3 Years

I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
N.H. Rev. Stat. Ann. § 508:4

Discovery:

Under New Hampshire law, discovery rule provides that cause of action does not accrue until plaintiff discovers, or in exercise of reasonable diligence should have discovered, that he was injured as result of defendant’s conduct. Cheshire Med. Ctr. v. W.R. Grace & Co., 764 F. Supp. 213 opinion vacated in part on reconsideration, 767 F. Supp. 396 (D.N.H. 1991)

Statute of Repose – Notwithstanding any other provision of law, all product liability actions must be commenced within the following time limits and not otherwise:
I. Within 3 years of the time the injury is, or should, in the exercise of reasonable diligence, have been discovered by the plaintiff; and
II. (a) No later than 12 years after the manufacturer of the final product parted with its possession and control or sold it, whichever occurred last… N.H. Rev. Stat. Ann. § 507-D:2

Municipal Liability/Sovereign Immunity

The doctrine of “sovereign immunity” keeps governments from being held liable for torts, but it has been abandoned in New Hampshire.

Discovery Rule

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

Comparative Negligence

Applies, and plaintiff’s recovery reduced by amount of fault.

Charitable Immunity

Abolished

Disabilities

Infants (18th birthday), incompetents, or insane persons must commence actions within 2 years after disability ceases.

Punitive Damages

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

No-Fault Insurance

None

Other Relevant Information

2 years for certain actions against ski area operators.

Frequently Asked Questions

Consumer Fraud Complaint

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