Personal Injury Lawsuit in New Hampshire
Filing a personal injury lawsuit in New Hampshire is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
3 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
At-Fault
Auto System
$12,000 – $58,000
Avg Settlement
Lawsuit Steps in New Hampshire
Hire an Attorney
Most personal injury attorneys in New Hampshire work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate New Hampshire court. You must file within 3 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under New Hampshire court rules.
Key New Hampshire Law Facts
New Hampshire uses modified comparative negligence under RSA 507:7-d with a 51% bar — plaintiffs who are found 51% or more at fault cannot recover any damages, while those with lesser fault have their award reduced in proportion to their assigned fault percentage.
New Hampshire is uniquely the only US state that does not require drivers to carry auto liability insurance, though drivers must demonstrate financial responsibility; the state also does not require no-fault PIP coverage, operating purely as a tort-based system.
Personal injury claims must be filed within 3 years from the date of injury or discovery under RSA 508:4; New Hampshire courts apply the discovery rule, which can extend the filing deadline for latent injuries that were not immediately apparent at the time of the incident.