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: New Hampshire Law Blog

How long do I have to sue?

By David Austin and Jim Burke

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We get this question a lot.  As lawyers we also give this answer a lot "It Depends".

But it really does.  How long you have to sue (or file a lawsuit) is determined in New Hampshire by the Statute of Limitations.  Now, how long the statute of limitations is depends on what kind of case you have and sometimes how old you are.

Before I even try to go into this, understand this...Each case is different You have to get specific advice from an attorney on your case.  So talk to a lawyer about your specific case before you go and make any decisions.

In an auto accident in New Hampshire you will generally have three years from the date of the accident to file a lawsuit.  After that if you have not filed, then the courts may throw your case out.

The same is true for New Hampshire Medical Malpractice lawsuits too.  You will have three years from the date of the malpractice to file your case.  Of Course there are exceptions.  Some of those exceptions are: The Discovery Rule:  When did you reasonably discover the all the facts that lead you to think you had a lawsuit.  Another exception is a medical malpractice or injury case involving a child.  If, for example, a child in New Hampshire develops cerebral palsy and it happened at birth, then that child may not have to file a lawsuit until after he or she reaches the age of majority.

The Bottom Line:  You have a limited time to file a lawsuit to protect your case.  Don't wait to long. AND go ask a lawyer about your specific case.  I said it above, but each case is different and it is important to learn how the laws of New Hampshire affect your particular situation.

Full post as published by New Hampshire Law Blog on April 12, 2005 (boomark / email).

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