Filing a personal injury claim in New Hampshire involves specific legal deadlines, detailed evidence collection, and a structured insurance or court process. Most claims must be filed within three years under RSA 508:4, and compensation can be reduced—or denied—if the injured person shares fault under the state’s modified comparative negligence rule.
Understanding these rules early on helps protect your rights, avoid avoidable delays, and position your claim for the best possible outcome. If you were injured due to someone else’s negligence, the experienced attorneys at Gottesman & Hollis, P.A. can guide you through the process and protect your interests every step of the way.
Understanding Personal Injury Law in New Hampshire
Before filing a claim, it helps to understand the legal principles that govern personal injury cases in New Hampshire.
Negligence: The Foundation of Most Claims
Personal injury cases are typically based on negligence, meaning someone failed to use reasonable care and caused harm. To pursue a successful claim, an injured person must generally establish four elements:
- A duty of care existed
- The duty was breached
- The breach caused the injury
- Actual damages resulted
This applies to cases involving:
- Car, motorcycle, truck, or pedestrian accidents
- Slip and fall incidents
- Dog bites
- Construction accidents
- Medical negligence
- Injuries caused by unsafe premises or hazardous conditions
When a negligent action disrupts someone’s life, the law allows that person to seek compensation.
New Hampshire’s Comparative Negligence Rule
New Hampshire follows a modified comparative negligence system with a 51% bar.
What this means:
- You can recover compensation if you are 50% or less at fault.
- Your final compensation is reduced by your percentage of fault.
- If you are 51% or more at fault, you cannot recover damages.
This rule makes early evidence collection extremely important. Insurance companies often try to assign a higher percentage of fault to the injured person to reduce what they owe. Experienced personal injury attorneys help counter these tactics by building a clear narrative supported by strong documentation.
The Statute of Limitations: Your Filing Deadline
In most New Hampshire personal injury cases, the deadline to file a lawsuit is:
Three years from the date of the injury
Failing to file within this period typically means losing your right to pursue compensation in court.
However, not every injury is immediately obvious. In certain situations, New Hampshire law may apply what is commonly referred to as the discovery rule. In general terms, this means the statute of limitations may begin when an injury, or its cause, is discovered or reasonably should have been discovered, rather than on the date the incident occurred. This issue most often arises in cases involving delayed or hidden injuries.
Certain cases may have exceptions or special timing rules, including:
- Claims involving government entities
- Medical malpractice with delayed discovery
- Injuries affecting minors
- Toxic exposure or long-latency conditions
Because timing issues can make or break a case, injured people are encouraged to start the process as early as possible.
Step One: Getting Immediate Medical Attention
Even though this step happens before anything legal, it deeply affects a personal injury claim.
Why it matters:
- Protects your health
- Creates medical documentation (critical evidence)
- Shows that your injuries were caused by the incident
- Prevents the insurance company from arguing your injuries weren’t serious
Doctors, hospitals, and physical therapists often become central witnesses in a claim, because their records demonstrate the severity, timing, and impact of your injuries.
Step Two: Documenting the Accident and Injuries
Strong evidence is the backbone of any successful personal injury case.
Important types of evidence include:
- Photos of the scene, vehicles, hazards, and injuries
- Police or incident reports
- Statements or contact information from witnesses
- Surveillance or dash-cam footage (if available)
- Medical records and treatment notes
- Pay stubs or employer letters documenting missed work
- Receipts for out-of-pocket expenses
The sooner you collect or preserve this information, the stronger your claim will be.
Attorneys at Gottesman & Hollis, P.A. regularly assist clients with evidence preservation, accident reconstruction, obtaining video footage, and securing expert evaluations when needed.
Step Three: Notify the Insurance Company
In New Hampshire, personal injury claims typically start outside the courtroom. The first formal step is usually filing a claim with the relevant insurance company.
This might involve:
- The at-fault driver’s auto insurance
- A business’s liability policy
- A homeowner’s insurance policy (in dog bite or premises cases)
- Professional or malpractice insurance
Expect the insurer to:
- Request statements
- Ask for medical documentation
- Investigate the scene
- Evaluate fault under comparative negligence
- Potentially dispute injuries or treatment costs
Insurance companies are motivated to minimize payouts. Having a legal advocate at this stage can help protect you from tactics designed to reduce or deny compensation.
Step Four: The Investigation and Evidence Review
Once a claim is filed, both sides begin gathering additional information.
This may include:
- Reviewing accident reports
- Analyzing medical records
- Examining property damage
- Interviewing witnesses
- Consulting experts (medical, engineering, economic, vocational)
The goal is to understand:
- How the accident happened
- Who was responsible
- What injuries were sustained
- The accident’s short-term and long-term impact on your life
Attorneys at Gottesman & Hollis, P.A. conduct thorough investigations to ensure no detail is overlooked—an essential advantage in negotiations or court.
Step Five: Calculating Damages
New Hampshire law recognizes several types of compensation, depending on the facts of the case.
Economic damages (financial losses):
- Medical bills
- Rehabilitation and future treatment
- Lost wages
- Diminished earning capacity
- Property damage
- Transportation, medication, medical equipment
Non-economic damages (non-financial losses):
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent impairment or disability
Enhanced compensatory damages
While New Hampshire does not allow traditional punitive damages, courts may award enhanced compensatory damages in rare cases where conduct was “wanton, malicious, or oppressive.”
An attorney helps determine which categories of damages apply and what evidence is required to substantiate them.
Step Six: Negotiation With the Insurance Company
Most claims settle before a lawsuit is ever filed. During negotiations, both sides consider:
- Strength of the evidence
- Medical documentation
- Fault percentage
- Long-term prognosis
- Economic losses
- Jury tendencies in that county
- Expert opinions
Settlement negotiations may take weeks or months. Some cases resolve quickly; others require multiple rounds of discussions and document exchanges.
When Gottesman & Hollis, P.A. handles a case, they prepare every claim as though it may go to trial—giving them leverage in negotiations and improving settlement outcomes for clients.
Step Seven: Filing a Lawsuit (If Necessary)
If negotiations stall or the statute of limitations is approaching, filing a lawsuit becomes necessary.
Where lawsuits are filed
Most personal injury lawsuits in New Hampshire are filed in the Superior Court of the county where the accident occurred or where the defendant resides. Smaller cases may be brought in District Court.
Filing the Complaint
A lawsuit officially begins when the plaintiff files a complaint outlining:
- What happened
- Why the defendant is legally responsible
- What injuries occurred
- What damages are being sought
The complaint must be detailed, legally accurate, and supported by facts. After filing, the defendant must be formally served and given time to respond.
The Litigation Process: What to Expect
Once a lawsuit is underway, several stages follow.
Discovery
Both sides exchange information through:
- Interrogatories (written questions)
- Requests for production of documents
- Depositions
- Expert reports
- Medical examinations requested by the defense
Discovery helps clarify disputed issues and often shapes the final settlement discussions.
Motions and Hearings
Parties may ask the court to:
- Dismiss claims
- Decide legal issues
- Limit or exclude evidence
These rulings can significantly influence the case’s direction.
Settlement Conferences and Mediation
Courts often encourage settlement discussions before trial. Many cases reach resolution during this phase.
Step Eight: Trial
If the case does not settle, it proceeds to trial before a judge or jury.
A typical personal injury trial includes:
- Jury selection
- Opening statements
- Witness testimony
- Presentation of evidence
- Expert analysis
- Closing arguments
- Jury deliberation and verdict
The jury decides fault and damages based on the evidence presented. Because trials are complex, detail-intensive, and often high-stakes, having an experienced trial team—like the attorneys at Gottesman & Hollis, P.A.—is essential.
Special Considerations in New Hampshire Personal Injury Claims
Some claims involve additional complexity.
Claims Involving Minors
Minors may receive special filing timelines or require court-approved settlements.
Claims Against Municipalities or the State
Government claims may involve:
- Immunity issues
- Strict notice deadlines
- Limitations on recoverable damages
Latent or Delayed-Discovery Injuries
Some injuries do not appear immediately, especially in:
- Medical malpractice
- Toxic exposure
- Traumatic brain injuries
- Spinal injuries
Legal filing deadlines may differ in these situations.
How Gottesman & Hollis, P.A. Helps Injured People in New Hampshire
With decades of experience representing injured clients across the state, Gottesman & Hollis, P.A. provides comprehensive support at every stage of the personal injury process.
Their approach includes:
- In-depth evaluation of the facts
- Thorough investigation and evidence gathering
- Working with trusted medical professionals and experts
- Handling communications with insurance companies
- Building strong legal arguments supported by documentation
- Preparing every case for trial
- Pursuing maximum compensation for clients and their families
Clients benefit from the firm’s long track record of success, deep knowledge of New Hampshire law, and commitment to personalized legal representation.
Key Takeaways
- Most personal injury claims in New Hampshire must be filed within three years.
- Compensation depends on fault, evidence, and the extent of the injuries.
- Insurance negotiations often resolve cases, but lawsuits may be necessary.
- Strong evidence and early action improve the likelihood of a successful claim.
- An experienced law firm helps protect your rights and maximize your recovery.
Conclusion
Filing a personal injury claim in New Hampshire can feel complicated, especially when you’re already coping with pain, financial stress, and uncertainty. But you don’t have to navigate the process alone. With skilled legal guidance, you can understand your options, protect your rights, and pursue the compensation you deserve.
Gottesman & Hollis, P.A. has served injured New Hampshire residents for decades, offering compassionate support and powerful legal advocacy. To discuss your situation confidentially, you can reach our team at (603) 810-8384 or connect online at our contact page.
If you or a loved one has been injured due to someone else’s negligence, the attorneys at Gottesman & Hollis, P.A. are here to help.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
