Anapol Schwartz - Attorneys at Law
wrongful death

PA & NJ Personal Injury Lawsuits and Lawyers

How to file an accidental fatality claim

New Hampshire Statute of Limitations
and NH Personal Injury Lawsuits

New Hampshire Statute of Limitations
Statute of limitations varies from state to state regarding the many types of fatal accidents. The last thing you want to do as the family of a victim of an accidental fatality is miss your opportunity to file a lawsuit.

Here are some important facts to know about New Hampshire’s statute of limitations and time limits for filing a lawsuit:

  • Negligence – 3 years
  • Medical Malpractice – Against health care providers = within 2 yrs. of date of injury (applies to minors 8 and older); under 8 yrs. old = must file by 10th birthday.
  • Product Liability – 3yrs after suffering injury or date injury was or should’ve been found  *no more than 12yrs after product was sold
  • Wrongful Death – 3 years after date of death
  • Survival – 556:11 New Action; If an action is not then pending, one may be brought for such cause at any time within 6 years after the death of the deceased party, subject to the provisions of RSA 508

Caps on NH Lawyers Awards: Sliding scale, not to exceed 50% of first $1,000; 40% of next $2,000; 1/3 of next $97,000; 20% of excess of $100,000. If settled out of court, fee limited to 25% of up to $50,000

New Hampshire Caps on Damage Awards
Medical Malpractice – RSA 508:4-d (2007); 508:4-d Damages Recoverable for Non-Economic Loss.

I. In any action for personal injury, the damages awarded may include compensation for non-economic loss, including pain and suffering and such other elements of damage which are recognized by law and which are not objectively verifiable monetary losses. However, damages for non-economic loss shall in no case exceed $875,000.

II. In trials to a jury, the jury shall not be informed of the maximum allowable amount prescribed in paragraph I of this section. If the jury awards total damages in excess of the maximum allowable amount, the court shall inquire of the jury as to the portion of the damages attributed to non-economic loss. If that portion of the damages exceeds the maximum allowable amount, the court shall reduce damages awarded for non-economic loss to the maximum allowable amount.

Product Liability – (not listed)
Pharmaceutical cases – Same as medical malpractice  

New Hampshire Minors – Statute of Limitations/minors tolling - Except in cases of medical malpractice or wrongful death, minors have two years from their 18th birthday to file suit
New Hampshire State Police
Department of Safety
Division of State Police
33 Hazen Drive
Concord, NH 03305
603-271-2450
http://www.nh.gov/safety/divisions/nhsp/

New Hampshire Trial Lawyers Assoc.
PO Box 447
Concord, NH 03302
603-224-7707
http://www.nhtla.org/nh/

Please fill out the form below to see if you have a wrongful death case.

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PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
 
City:
State:
Zipcode:
Phone: () - ext.

INCIDENT INFORMATION
Date of Accident:
Date of Death:
Name of Deceased:
Location of Accident:
Please describe what happened (cause of accident):
Comments/Questions: