New Hampshire Personal Injury Laws

When an injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time, the 3-year period runs from the date of discovery or when it should have been discovered.

The statute of limitations is tolled for minors. Once the minor turns 18, the standard 3-year period begins to run, giving them until age 21 to file.

Wrongful death actions may be brought at any time within 6 years after the death of the deceased, subject to the provisions of RSA 508. Damages for loss of consortium are capped at $500,000 for a surviving spouse and $300,000 per claimant for parent-child relationships (effective January 1, 2025).

New Hampshire does not impose a statutory cap on compensatory damages in personal injury cases.

New Hampshire prohibits punitive damages by statute: "No punitive damages shall be awarded in any action, unless otherwise provided by statute." However, courts may award enhanced compensatory damages for wanton, malicious, or oppressive conduct.

Damages for a surviving spouse's loss of comfort, society, and companionship are capped at $500,000 (increased from $150,000 effective January 1, 2025).

Damages for a minor child losing a parent, or a parent losing a minor child, are capped at $300,000 per individual claimant (increased from $50,000 effective January 1, 2025).

Defendants 50% or more at fault are jointly and severally liable. Defendants less than 50% at fault are severally liable only for their proportionate share of damages. Parties acting in a common plan or design remain jointly and severally liable regardless.

The administrator of an estate may bring a wrongful death action. Recoverable damages include pain and suffering of the deceased, medical expenses, lost earning capacity, and loss of consortium (subject to caps).