New Hampshire Personal Injury Law Resources

New Hampshire stands out nationally for two remarkable features: it is the only state that does not require drivers to carry auto insurance, and it does not allow punitive damages in personal injury cases. The state has a three-year statute of limitations, modified comparative fault with a 51% bar, and no caps on compensatory damages in general personal injury cases (a prior $875,000 non-economic cap was struck down as unconstitutional in 1991). Government liability is capped at $475,000 per individual / $3,750,000 per incident.

Statute of Limitations

General Personal Injury THREE Years

New Hampshire provides a three-year statute of limitations for most personal injury claims under N.H. Rev. Stat. § 508:4. This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Six years from the date of the act or omission that caused death one of the longest wrongful death deadlines in the nation.

Medical malpractice: Generally three years, but can extend to seven years depending on the circumstances of discovery. The discovery rule is particularly significant in medical malpractice cases.

Property damage: Three years.

Government Claims

Claims against the state or political subdivisions are governed by N.H. Rev. Stat. § 541-B. Notice requirements apply and must be strictly followed.

Tolling

The statute is tolled for minors (until age 18) and for mental incapacity. The discovery rule applies when the injury and its causal relationship were not immediately apparent. The statute is also tolled when the at-fault party leaves the state.

Modified Comparative Fault (51% Bar)

New Hampshire follows a modified comparative fault rule. A plaintiff who is more than 50% at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.

A plaintiff who is exactly 50% at fault can recover (damages reduced by 50%). At 51% or more, recovery is barred entirely.

Damage Caps

No General Personal Injury Caps

New Hampshire imposes no caps on economic or non-economic damages in general personal injury cases. A prior statutory cap of $875,000 on non-economic damages was ruled unconstitutional by the New Hampshire Supreme Court in Brannigan v. Usitalo, 134 N.H. 50 (1991). The statute remains on the books but is unenforceable.

There is no limit on medical expenses, lost wages, pain and suffering, or other compensatory damages in auto accident, premises liability, product liability, medical malpractice, or wrongful death cases.

No Punitive Damages

New Hampshire does not allow punitive damages in personal injury cases under N.H. Rev. Stat. § 507:16, unless a specific statute expressly provides for them (e.g., the Consumer Protection Act allows double or triple damages). This is one of very few states where punitive damages are generally unavailable.

Government Liability Caps

Under N.H. Rev. Stat. § 541-B:14(I), government liability is capped at the greater of:

• $475,000 per individual and $3,750,000 per incident, or
• The proceeds of any insurance policy covering the loss

Punitive damages are not available against the government.

Auto Insurance Requirements

No Mandatory Auto Insurance

New Hampshire is the only state in the nation that does not require drivers to carry auto insurance. Instead, the state operates under a financial responsibility law drivers must demonstrate the ability to cover costs of bodily injury and property damage they cause in an accident, either through insurance or personal funds.

Financial Responsibility Minimums 25/50/25

If a driver chooses to carry insurance (and most do), the minimum coverage is:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property damage

No PIP or UM/UIM Required

PIP and UM/UIM coverage are not required but are available as optional coverages. New Hampshire is a "take-all-comers" state insurance companies must offer coverage to anyone who applies.

At-Fault System

New Hampshire is an at-fault (tort) state. The driver who caused the accident bears financial responsibility.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in New Hampshire are filed in Superior Court, the state's trial court of general jurisdiction. New Hampshire has 10 counties, each with a Superior Court. Circuit Court (District Division) handles smaller civil matters. There is no separate small claims court the Circuit Court handles cases up to $10,000 in its small claims process.

Hillsborough County (Manchester/Nashua), Rockingham County (Exeter/Portsmouth area), and Merrimack County (Concord) handle the highest volume of personal injury litigation.

Common Types of Personal Injury Cases in New Hampshire

New Hampshire's tourism-dependent economy, harsh winters, extensive outdoor recreation, rural highways, and seasonal population fluctuations generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-93, I-89, Route 101, and Route 16), commercial truck accidents, motorcycle accidents (especially during Laconia Motorcycle Week, one of the nation's largest rallies), winter slip-and-fall claims (snow and ice liability is heavily litigated), premises liability, medical malpractice, product liability, wrongful death, ski and snowboard accidents (multiple major ski areas), boating and lake recreation injuries (Lake Winnipesaukee is a major source of litigation), snowmobile and ATV accidents, construction accidents, dog bites (New Hampshire imposes strict liability under N.H. Rev. Stat. § 466:19), nursing home abuse, and hiking/climbing injuries (White Mountains attract millions of visitors annually).

This page provides general legal information about New Hampshire personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in New Hampshire to discuss the specific facts of your case.