New Hampshire Statutes of Limitations
A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of New Hampshire for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified New Hampshire lawyer to find out how a statute of limitations applies to your situation.
Actions based on fraud must be filed within 3 years.
These types of actions must be filed within 3 years from the date of the action.
All actions against medical professionals must be filed within 2 years of the date of the act resulting in the injury. This timeframe applies to all minors over the age of eight. If a minor is under the age of eight, however, that minor may file a medical malpractice action until his or her tenth birthday.
Medical Malpractice Actions Based on Foreign Object Left in Body:
All actions against medical professionals based on a foreign object in the body must be filed within 2 years of the act resulting in the injury, or within 2 years of the date the foreign object was discovered, whichever occurs first. This limitations period applies to both adults and minors, except that minors under the age of 8 years old will have until their 10th birthday to file a claim.
Personal injury actions must be filed within 3 years from the date of the injury.
Statute of Limitations for Personal Injury Actions Chart
Product liability actions must be filed within 3 years from the date of the injury, or within 3 years from the date the injury was discovered. A product liability action may not be filed after 12 years have passed from the time the product in question was manufactured and sold.
Wrongful death actions must be filed within 3 years of the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In New Hampshire, when the injured party is a minor, that minor will have 2 years from his or her 18th birthday to file a legal action. This exception does not apply in medical malpractice or wrongful death cases, however. In those instances, please refer to the above information, or refer to the statute directly. If an injured party is deemed to be mentally incompetent or insane, he or she will have 2 years after the termination of the disability to file his or her claim.
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