Personal Injury Mediation in New Hampshire
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In New Hampshire, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
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
How Mediation Works in New Hampshire
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in New Hampshire. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
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.