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Modified comparative fault

New Hampshire Personal Injury Law

📍 Capital: Concord · Statute: RSA § 508:4

3 years Filing deadline
51% bar Fault system
$50,000 Avg settlement (low)
5 Common case types

Overview of Personal Injury Law in New Hampshire

New Hampshire uses a modified comparative fault rule with a 51% threshold and no cap on compensatory damages. The state has a 3-year statute of limitations for most personal injury claims.

This guide covers the most important rules for personal injury claims in New Hampshire, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed New Hampshire attorney for your specific situation.

Key New Hampshire Personal Injury Statutes

RSA § 508:4 (SOL)
RSA § 507:7-d (comparative fault)
RSA § 556:12 (wrongful death)

Most Common Personal Injury Cases in New Hampshire

Car Accidents
Slip & Fall
Medical Malpractice
Product Liability
Workplace Injury

New Hampshire Damages Caps & Average Settlements

Damages Rule No cap on compensatory damages
Average Settlement $50,000–$205,000
Fault System Modified comparative fault (51% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within New Hampshire.

Frequently Asked Questions — New Hampshire Injury Law

How long do I have to file a claim in New Hampshire?

In New Hampshire, you generally have 3 years to file a personal injury lawsuit from the date of injury. Key statute: RSA § 508:4.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a New Hampshire attorney to confirm your deadline.

What is New Hampshire's fault system?

New Hampshire uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.

Are there damage caps in New Hampshire?

New Hampshire damage rules: No cap on compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in New Hampshire?

Personal injury settlements in New Hampshire average approximately $50,000–$205,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

Get a free case evaluation from a New Hampshire attorney →

Injured in New Hampshire? Get Help Now.

Personal injury laws in New Hampshire can be complex and deadlines are strict. A qualified New Hampshire personal injury attorney can evaluate your case for free — with no upfront costs.

⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed New Hampshire attorney for legal advice.