New Hampshire applies modified-51 comparative fault with a 3-year personal-injury SOL and no statutory non-economic cap.
New Hampshire operates modified-51 comparative negligence. There is no statutory cap on non-economic damages. The PI statute of limitations is three years.
N.H. Rev. Stat. § 508:4
Modified comparative, recovery barred at 51% claimant fault.
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under New Hampshire law.
Reported New Hampshire decisions for each injury type, each with a link to the judgment and to the full injury guide.
On April 5, 2013, Monica Anderson was in a crash with a car driven by Mary Wood, and she alleged Wood negligently rear ended her.
whiplash in New Hampshire →In January 2011 Strafford County drove inmate Lynette Maryea, handcuffed and shackled, to federal court in Concord in a van whose back compartment had no seatbelts.
whiplash in New Hampshire →In June 2003 Priscilla Tyler, working as a product demonstrator, slipped on a wet floor at Hannaford in Raymond and hurt her back; she had back surgery in 2005.
back & spine in New Hampshire →In February 2014 Jason Malo, a heavy equipment mechanic, hurt his back working on an excavator with a large wrench and a torch.
back & spine in New Hampshire →On June 5, 2018, an alarm installer driving the company van home from a two day job in Berlin crossed the road, went into the median and flipped.
head & brain in New Hampshire →In November 2017 Fran Rancourt, a vice president at the Community College System, slipped on ice and hit her head, needing 11 staples.
head & brain in New Hampshire →In February 2002 Alfred Ocasio was pulling air cans of mail from a FedEx trailer when his leg caught in a gap at the dock and a rolling can shattered the bones.
fracture in New Hampshire →Theresa Ladue joined a Planet Fitness in Nashua in April 2017.
fracture in New Hampshire →Dr. Killie operated on Lisa Chartier’s left knee on January 5, 2018; she had a raised risk of deep vein thrombosis.
medical negligence in New Hampshire →After a two day screening panel hearing in December 2010, the panel unanimously found the providers had not deviated from the standard of care in the Parker estate’s malpractice case.
medical negligence in New Hampshire →Thomas Phillips was left quadriplegic by a workplace accident in 2006 and filed for comp in 2009.
workplace in New Hampshire →In February 2013 Steven Grady, working for a roofing subcontractor on a Liberty Mutual building in Dover, used a torch to warm his hands on a cold, windy day.
workplace in New Hampshire →Statutes and rulings that come up again and again in New Hampshire injury claims, each with its source.
| Deadline to sue | Three years for most personal injury claims; if the person at fault dies first, a suit against the estate can be brought within three years of the death.RSA 508:4, 556:11; Anderson v. Estate of Wood (N.H. 2018) |
|---|---|
| County vehicles | The statute waiving immunity for motor vehicle claims does not remove a county’s discretionary function immunity for decisions such as whether to install seatbelts.Maryea v. Velardi (N.H. 2016) |
| Seat belt use | New Hampshire has no belt law for adults, and not wearing one cannot be used as comparative fault.Thibeault v. Campbell (N.H. 1993); see our seat belt table |
| Comp findings in a tort suit | A comp board finding about earning capacity did not bar the worker’s disability evidence in her separate suit against the store.Tyler v. Hannaford Bros. (N.H. 2010) |
| Cutting comp benefits | The carrier “bears the burden of proof to demonstrate that such a reduction or termination is warranted by a change in condition.”RSA 281-A:48, I, quoted in Appeal of Malo (N.H. 2017) |
| Suicide after a work injury | Death benefits turn on “an unbroken chain of causation from the work-connected injury to the suicide.”Appeal of Pelmac Industries (N.H. 2021) |
| Claims against towns | Notice to a town within 60 days by registered mail; towns are capped at $325,000 per person and $1 million per incident, the State at $475,000 per claimant.RSA 507-B:7, 507-B:4, 541-B:14; see our notice table |
| Fault rule | Your fault is compared with the combined fault of everyone to blame, including an immune employer; in Ocasio a 6 percent share did not bar recovery against a 4 percent defendant.RSA 507:7-d, :7-e; Ocasio v. Federal Express (N.H. 2011) |
How New Hampshire compares with its neighbours in the Northeast on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| New Hampshire | Modified comparative, 51% bar | 3 years from date of injury |
| Connecticut (CT) | Modified comparative, 51% bar | 2 years from date of injury |
| Delaware (DE) | Modified comparative, 51% bar | 2 years from date of injury |
| District of Columbia (DC) | Pure contributory negligence | 3 years from date of injury |
| Maine (ME) | Modified comparative, 50% bar | 6 years for personal injury, longest in the US |
| Maryland (MD) | Pure contributory negligence | 3 years from date of injury |
| Massachusetts (MA) | Modified comparative, 51% bar | 3 years from date of injury |
| New Jersey (NJ) | Modified comparative, 51% bar | 2 years from date of injury |
| New York (NY) | Pure comparative negligence | 3 years for personal injury; 2 years 6 months for medical malpractice |
| Pennsylvania (PA) | Modified comparative, 51% bar | 2 years from date of injury |
| Rhode Island (RI) | Pure comparative negligence | 3 years from date of injury |
| Vermont (VT) | Modified comparative, 51% bar | 3 years from date of injury |
Common questions about personal injury claims in New Hampshire, answered with the relevant statutory references.
This page summarises the New Hampshire statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in New Hampshire. See /methodology, /sources, and /disclaimer.
