New Hampshire Statutes of Limitations for Civil Cases

Understanding statutes of limitations is critical for New Hampshire litigants. Missing a filing deadline can result in permanent loss of your right to sue, regardless of the merits of your case. This guide breaks down the specific time periods and statutory authority for major categories of civil claims in New Hampshire.

General Framework

New Hampshire uses the Revised Statutes Annotated (RSA) to codify its laws. Statutes of limitations are found primarily in RSA Chapter 508, which governs actions and civil remedies. The state distinguishes between different claim types, each with its own limitation period.

Personal Injury

Limitation Period: 3 years

Statute Citation: RSA 508:4, II

When the Clock Starts: The statute of limitations begins to run from the date of injury — the date when the tortious act causing harm occurred, not when you discovered the injury or its cause.

Personal injury claims include negligence-based lawsuits for bodily harm. Examples include car accidents, slip-and-fall incidents, and workplace injuries (though workers' compensation claims follow different rules under RSA Chapter 281).

Key Point: New Hampshire applies the traditional accrual rule to most personal injury claims. If you are injured on January 15, 2024, you generally must file suit by January 15, 2027, or lose your claim forever.

Breach of Written Contract

Limitation Period: 6 years

Statute Citation: RSA 508:4, I

When the Clock Starts: The clock begins running when the breach occurs — typically when a party fails to perform an obligation due under the contract, not when the damage becomes apparent.

Written contracts include all contracts memorialized in writing, from commercial agreements to real estate sales contracts. This longer period reflects the law's respect for written agreements and their presumed clarity.

Practical Note: If a contract specifies when performance is due, the breach date is tied to that deadline. For ongoing obligations or installment contracts, each missed payment may start a new statute of limitations period for that specific breach.

Breach of Oral Contract

Limitation Period: 3 years

Statute Citation: RSA 508:4, II

When the Clock Starts: The clock begins when the breach occurs.

Oral contracts receive shorter protection than written ones. This reflects both the evidentiary challenges in proving oral agreements and the policy of encouraging parties to memorialize important agreements in writing.

Common Pitfall: Do not confuse oral contracts with the Statute of Frauds. Some oral contracts cannot be enforced at all under RSA 508:13 (e.g., promises to pay another's debt, contracts not performable within one year). Even if an oral contract is enforceable, the three-year window is your only opportunity to sue.

Fraud

Limitation Period: 3 years

Statute Citation: RSA 508:4, II

When the Clock Starts: This is where the discovery rule becomes critical. The clock begins when the plaintiff discovered or reasonably should have discovered the fraud, not when the fraudulent act occurred.

Fraud claims often involve intentional misrepresentation or concealment. Because the nature of fraud involves deception, New Hampshire recognizes that victims may not immediately detect dishonest conduct.

Discovery Rule Application: If you are defrauded in a financial transaction on January 1, 2024, but do not discover the fraud until July 1, 2024, your three-year period runs from July 1, 2024, giving you until July 1, 2027, to file suit. The "discovery" standard means when you actually discover or when a reasonably diligent person should have discovered the fraud — not necessarily when you should have suspected something was wrong.

Property Damage

Limitation Period: 3 years

Statute Citation: RSA 508:4, II

When the Clock Starts: The clock begins from the date of injury to the property.

Property damage claims are handled similarly to personal injury claims, but the damages involve real or personal property rather than bodily harm. Examples include damage to vehicles, buildings, or equipment caused by negligence or wrongful conduct.

Medical Malpractice

Limitation Period: 3 years from discovery; subject to an absolute repose period of 6 years from the negligent act

Statute Citation: RSA 507:7-e (the governing statute for medical injury claims)

When the Clock Starts: Medical malpractice follows the discovery rule. The three-year period runs from when the patient discovered or reasonably should have discovered the injury caused by malpractice.

Absolute Repose Period: Even if the discovery rule would otherwise extend the time, no claim can be brought more than 6 years after the negligent act, except in narrow circumstances. This means even if you discover medical malpractice in year 7, you are barred from suit.

Exception to Repose: The six-year absolute bar does not apply if the defendant fraudulently conceals the malpractice or if a foreign object was left in the patient's body.

Critical Distinction: The three-year discovery period and six-year repose period operate together. Whichever expires first controls. If your medical injury occurred on January 1, 2020, the absolute bar expires January 1, 2026, regardless of when you discovered it.

Wrongful Death

Limitation Period: 3 years

Statute Citation: RSA 507:7-a

When the Clock Starts: The clock begins from the date of death.

Wrongful death claims arise when a person dies as a result of another's wrongful conduct. These claims are brought by the decedent's estate or beneficiaries under RSA Chapter 507. New Hampshire treats wrongful death as its own cause of action with a three-year window.

Procedural Note: The claim must be brought in the name of the decedent's estate representative, not individually by heirs.

Defamation, Libel, and Slander

Limitation Period: 3 years

Statute Citation: RSA 508:4, II (general civil actions)

When the Clock Starts: The clock begins when the defamatory statement is published or spoken and received by a third party.

Defamation encompasses false statements of fact (not opinion) that harm reputation. Written defamation is libel; spoken defamation is slander. New Hampshire treats both under the same three-year limitations period.

Distinction from Opinion: True statements and opinions do not constitute defamation. Hyperbole, satire, and rhetorical exaggeration may fall outside the defamation definition, even if false.

Trespass

Limitation Period: 3 years

Statute Citation: RSA 508:4, II

When the Clock Starts: The clock begins from the date of the trespass — the unauthorized entry onto or interference with another's property.

Trespass claims arise when someone enters your real property without permission or interferes with your exclusive possession. This may include continuing trespass; each day of ongoing trespass may trigger a new cause of action under some circumstances, but the original entry is the standard accrual date.

Debt Collection and Promissory Notes

Limitation Period: 6 years

Statute Citation: RSA 508:4, I (written contracts) or RSA 508:4, II (for unsecured debt treated as a general civil action)

When the Clock Starts: The clock begins when the payment was due under the note or debt instrument.

Promissory notes are written contracts and receive the longer six-year period. For debts evidenced by written instruments, RSA 508:4, I applies. For unsecured debts (e.g., open account), the limitation is still typically three years under RSA 508:4, II, though the debt may be treated as a written contract if documented.

Debt Collection Context: Creditors and debt collection agencies must file suit within these periods. A debt is not eliminated by the statute of limitations; it simply becomes unenforceable in court. Acknowledgment of the debt or a partial payment may restart the clock under certain circumstances (though this requires careful analysis).

The Discovery Rule and Delayed Accrual

New Hampshire applies the discovery rule to claims where the injury is not immediately apparent. The general principle is that the statute of limitations begins to run when the plaintiff discovered or, in the exercise of reasonable diligence, should have discovered both:

1. The existence of the injury
2. A causal connection between the defendant's conduct and the injury

This rule most commonly applies to fraud, medical malpractice, and toxic tort claims. Courts have rejected a purely subjective "actual discovery" standard; the question is what a reasonable person would have discovered.

Practical Application: If you unknowingly ingest a toxic substance that causes injury years later, the limitations period typically does not start until the injury manifests and becomes diagnosable.

Tolling Provisions

Tolling pauses the running of a statute of limitations. New Hampshire recognizes several tolling circumstances under RSA 508:5 and related provisions:

Minority

Statute Citation: RSA 508:5

If the plaintiff is a minor when the cause of action accrues, the statute of limitations is tolled (paused) until the minor reaches age 18. This means a child injured at age 5 does not begin the three-year personal injury clock until turning 18, giving them three years from age 18 to sue.

Mental Incapacity

Statute Citation: RSA 508:5

If the plaintiff is of unsound mind and lacks capacity to understand their legal rights when the cause of action accrues, the limitation period is tolled. However, this applies only when there is a court-appointed guardian; incapacity alone is insufficient.

Absence from the State

Statute Citation: RSA 508:6

If the defendant is absent from New Hampshire, the time during which the defendant is absent does not count toward the statute of limitations. This encourages plaintiffs to pursue litigation and prevents defendants from evading suit by leaving the state.

Military Service

New Hampshire recognizes federal tolling under the Service Members Civil Relief Act (50 U.S.C. § 3953), which pauses statutes of limitations for active-duty military members. While this is federal law, it applies in New Hampshire state court as well.

Fraudulent Concealment

For fraud claims specifically, if the defendant fraudulently conceals the cause of action, the limitation period is tolled until discovery.

Important Limitation: Tolling does not extend the absolute repose period in medical malpractice (the six-year bar still applies).

What Happens When You Miss the Deadline

If the statute of limitations expires before you file suit, your claim is barred. This is an affirmative defense that defendants typically raise early in litigation.

Consequences:

Burden of Proof: The defendant bears the initial burden of showing that the statute of limitations has expired. Once the defendant raises the defense, you must then show either that the clock has not yet run (e.g., through the discovery rule or tolling) or that you fall within an exception.

No Equitable Exception for Neglect: New Hampshire does not recognize an "equitable estoppel" or general equitable exception to save claims filed after the deadline due to attorney negligence or plaintiff inadvertence. You must rely on statutory tolling provisions.

Calculating the Deadline: Practical Guidance

Start Date: Identify the date the cause of action accrued (injury, breach, discovery, etc.).

Add the Years: Count the full number of years forward. A three-year limitation beginning January 15, 2024, expires January 15, 2027.

Weekends and Holidays: New Hampshire courts apply a filing-date rule. Your lawsuit must be filed by the last day of the limitation period. If the deadline falls on a weekend or holiday, you typically have until the next business day, but do not rely on this — file before the deadline to avoid disputes.

Filing vs. Service: The statute of limitations is satisfied when the complaint is filed with the court, not when the defendant is served. File your complaint first; service can follow.

Multiple Defendants: If a complaint names multiple defendants and the statute of limitations has expired as to one but not others, you can still proceed against the non-barred defendants. However, amending the complaint to add a new defendant after the statute expires may be problematic.

Special Circumstances and Exceptions

Continuing Trespass or Nuisance: If a defendant's wrongful conduct is ongoing (e.g., a continuous trespass or nuisance), each day or each instance may start a new limitations period. This can extend your opportunity to sue for recent conduct even if earlier instances are barred.

Installment Contracts: Payment-by-payment contracts may trigger separate limitations periods for each installment. A breach in month 12 of a 24-month agreement still has its own three-year window.

Fraud Concealment: Do not assume you are protected indefinitely. Even with active concealment, courts will impose a reasonable outer limit based on diligent inquiry.

Key Takeaways