New Hampshire law
Personal Injury Laws in New Hampshire.
New Hampshire follows a modified comparative fault system with a 51% bar, meaning you can recover damages as long as your fault is not greater than the defendant's. The general statute of limitations for personal injury is 3 years. New Hampshire is one of only two states that does not require drivers to carry auto insurance, though it operates as a traditional tort (at-fault) state. Notably, New Hampshire prohibits punitive damages by statute, though courts may award enhanced compensatory damages for wanton or malicious conduct.
Last verified: 2026-02-25
State law
Statute of Limitations
Personal injury claims must be filed within 3 years of the act or omission that caused the injury.
Exceptions
When an injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time, the 3-year period runs from the date of discovery or when it should have been discovered.
The statute of limitations is tolled for minors. Once the minor turns 18, the standard 3-year period begins to run, giving them until age 21 to file.
Wrongful death actions may be brought at any time within 6 years after the death of the deceased, subject to the provisions of RSA 508. Damages for loss of consortium are capped at $500,000 for a surviving spouse and $300,000 per claimant for parent-child relationships (effective January 1, 2025).
State law
Fault & Liability Rules
You can recover damages as long as your fault is not greater than the fault of the defendant (or the defendants in the aggregate). Your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing.
State law
Damage Caps
New Hampshire does not impose a statutory cap on compensatory damages in personal injury cases.
New Hampshire prohibits punitive damages by statute: "No punitive damages shall be awarded in any action, unless otherwise provided by statute." However, courts may award enhanced compensatory damages for wanton, malicious, or oppressive conduct.
Damages for a surviving spouse's loss of comfort, society, and companionship are capped at $500,000 (increased from $150,000 effective January 1, 2025).
Damages for a minor child losing a parent, or a parent losing a minor child, are capped at $300,000 per individual claimant (increased from $50,000 effective January 1, 2025).
State law
Auto Insurance System
New Hampshire is one of only two states that does not require drivers to carry auto insurance. It operates under a traditional tort (at-fault) system where the driver who caused the accident is responsible for damages. If you choose to purchase insurance, minimums are $25,000/$50,000 bodily injury and $25,000 property damage.
State law
Key New Hampshire Statutes
Defendants 50% or more at fault are jointly and severally liable. Defendants less than 50% at fault are severally liable only for their proportionate share of damages. Parties acting in a common plan or design remain jointly and severally liable regardless.
The administrator of an estate may bring a wrongful death action. Recoverable damages include pain and suffering of the deceased, medical expenses, lost earning capacity, and loss of consortium (subject to caps).
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Hampshire.
Also in the directory
Browse attorneys for this issue in New Hampshire.
Browse Personal Injury attorneysMore in New Hampshire
Other state law topics.
Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws