Medical Liens in New Hampshire
A lien is a legal claim against your personal injury settlement by a third party who paid for your medical treatment. In New Hampshire, liens from hospitals, health insurers, Medicare, and Medicaid must be addressed before you receive your net settlement funds.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
$12,000 – $58,000
Avg Settlement
Types of Medical Liens in New Hampshire
Hospital Liens
New Hampshire hospitals that treated you for accident injuries may file a hospital lien against your settlement to recover unpaid bills. The lien attaches to your recovery before you are paid.
Health Insurance Subrogation
If your health insurer paid your medical bills, they have a subrogation right to be reimbursed from your settlement. Many states allow negotiation to reduce these amounts.
Medicare & Medicaid
Federal law requires Medicare and Medicaid liens to be paid in full — with limited exceptions. Your attorney must resolve these before settlement funds are distributed.
Workers' Compensation
If workers' comp covered your treatment for a work-related injury in New Hampshire, they have a lien on any third-party recovery you obtain.
New Hampshire Injury Law Overview
New Hampshire is unique in that it does not require drivers to carry auto liability insurance — instead requiring proof of financial responsibility in other forms — and also does not mandate no-fault PIP coverage. This makes New Hampshire the only state without compulsory auto insurance. The state applies modified comparative fault with a 51% bar. The statute of limitations is 3 years. New Hampshire's "live free or die" ethos extends to its tort law, which imposes relatively few restrictions on personal injury claims. The state has no statutory cap on compensatory or punitive damages for most personal injury claims. New Hampshire's outdoor recreation and tourism industries generate ski injury, water sports, and hiking accident claims. New Hampshire courts apply the discovery rule for latent injuries. Workers' compensation provides exclusive remedy for workplace injuries under RSA Chapter 281-A. Medical malpractice cases do not have a separate pre-litigation screening requirement.