Being involved in an accident can be a life-altering event. It can leave you with lasting injuries, emotional distress, and financial burdens. When the accident is caused by someone else’s negligence, you may have the legal right to seek compensation for your losses. However, time is of the essence when it comes to filing a personal injury claim in New Hampshire. This article will explore the timeframe within which you need to file a personal injury case after an accident in New Hampshire.
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The Statute of Limitations for Personal Injury Claims in New Hampshire
The statute of limitations is a law that sets a time limit within which a person must file a lawsuit. Every state has its own statute of limitations for personal injury claims, and New Hampshire is no exception. The statute of limitations for personal injury cases in New Hampshire is three years from the date of the accident.
Exceptions to the Statute of Limitations in New Hampshire
While the statute of limitations is generally three years in New Hampshire, there are a few exceptions that could impact your case. It’s essential to understand these exceptions as you don’t want to lose out on the compensation you deserve.
Discovery Rule
The discovery rule is an exception to the statute of limitations that can extend the filing period. This rule provides that the statute of limitations begins to run on the date the plaintiff knew or should have known they sustained injuries caused by the accident.
For example, suppose you were in a car accident, and the adrenaline rush you experienced during the accident masked the pain from your injuries. In that case, you may not have immediately noticed your injuries. However, a week later, you found out that you have a herniated disc. This is an instance where the discovery rule could apply to your case.
Minors
If the plaintiff is a minor, the statute of limitations does not begin to run until the minor reaches 18 years. This is to prevent minors from filing lawsuits while they are too young to do so.
Government Entities
If the defendant in your personal injury case is a government entity, there are additional rules that apply to when you must file your case. You must file a written notice of claim with the appropriate government entity within the first 180 days of the injury. If you fail to do so, you may waive your right to sue.
Why Time is of the Essence
The statute of limitations is not just a legal technicality. It serves an essential purpose in the legal system. The time limit ensures that lawsuits are filed promptly, and evidence is still fresh and available. Witnesses tend to forget things as time passes, and physical evidence can be lost or destroyed.
It’s essential to remember that even if you have a strong case, you could lose the right to pursue it entirely if you miss the statute of limitations deadline.
Seeking Legal Help
If you’ve been involved in an accident caused by someone else’s negligence and are considering filing a personal injury claim, you should contact an experienced personal injury lawyer. A good lawyer can help you navigate the intricacies of New Hampshire’s statute of limitations, ensuring that your case complies with all legal requirements.
Remember, a personal injury claim represents your chance to recover compensation for the damages you’ve suffered. Don’t let the statute of limitations prevent you from claiming what’s rightfully yours.
Conclusion
Filing a personal injury claim can be a complicated process, and the statute of limitations is an essential factor to consider. It’s crucial to remember that the statute of limitations in New Hampshire is three years from the date of the accident. However, exceptions do apply, and it’s critical to take the necessary steps to ensure your case complies with New Hampshire’s laws.
The best way to ensure that your legal rights are protected is to seek help from an experienced personal injury lawyer who can guide you through the entire process. Don’t wait until it’s too late – time is of the essence, and the clock is ticking.