Car accidents can be a life-changing event, often causing injuries, property damage, and emotional distress. When you are involved in a car accident in New Hampshire, it is important to understand the laws that may affect your ability to seek compensation for your injuries or losses. One of the most important laws in these cases is the statute of limitations. This is a law that sets a time limit for when you can file a lawsuit after a car accident. If you do not file your claim within this time frame, you could lose the chance to receive the compensation you deserve.
The statute of limitations for car accident claims in New Hampshire may seem straightforward, but there are several factors that can influence how this law applies to your case. This is why it is essential to understand the basics of the law and how it might impact your ability to take legal action after an accident. At, Tenn And Tenn, PA, we are here to guide you through the legal process and help you navigate the complexities of your case.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
What is a Statute of Limitations?
A statute of limitations is a law that establishes how long you have to bring a lawsuit to court after an event such as a car accident. Every state has its own rules about these time limits, and they can vary depending on the type of claim you are making. For example, the statute of limitations for filing a claim for personal injury is different from that of property damage.
In New Hampshire, the statute of limitations for car accident claims depends on whether you are filing for personal injuries or property damage. Personal injury claims are usually filed when you or someone else is physically injured in an accident. Property damage claims, on the other hand, are typically filed when your car or other personal belongings are damaged due to the accident.
New Hampshire’s Statute of Limitations for Personal Injury Claims
If you have been injured in a car accident in New Hampshire, you have three years from the date of the accident to file a personal injury lawsuit. This is the time limit set by New Hampshire law for personal injury claims. If you wait longer than three years to file your lawsuit, the court may dismiss your case, and you will not be able to recover compensation for your injuries.
This three-year period gives victims of car accidents time to seek medical treatment and understand the full extent of their injuries before deciding to take legal action. However, it is important to keep in mind that even though you have three years to file, it is best to start the process as soon as possible. Delaying your claim could make it harder to gather evidence, locate witnesses, and present a strong case in court.
New Hampshire’s Statute of Limitations for Property Damage Claims
In addition to injuries, car accidents often result in damage to your vehicle or other personal property. If your car is damaged in an accident and you want to file a claim for compensation, you have three years from the date of the accident to do so. Just like with personal injury claims, this time limit is strictly enforced. Filing your property damage claim after the three-year deadline could result in your case being dismissed by the court.
The three-year statute of limitations for property damage gives car owners time to assess the damage, repair their vehicles, and negotiate with insurance companies. However, if you are unable to resolve your claim with the insurance company and need to file a lawsuit, you must do so within the three-year time limit to ensure your right to compensation.
Exceptions to the Statute of Limitations in New Hampshire
Although the statute of limitations for car accident claims in New Hampshire is generally three years, there are a few exceptions that could either extend or shorten the amount of time you have to file your claim. These exceptions are rare, but it is important to be aware of them in case they apply to your situation.
One of the main exceptions to the statute of limitations involves accidents where the injured party is a minor. If a child is injured in a car accident, the statute of limitations does not begin to run until the child turns 18. This means that the child will have three years from their 18th birthday to file a personal injury claim. This exception allows minors more time to seek compensation for injuries sustained in an accident.
Another possible exception is if the person who caused the accident leaves the state before a lawsuit can be filed. If the at-fault party moves out of New Hampshire, the time they are out of state does not count toward the three-year statute of limitations. This means that the clock essentially pauses until the person returns to New Hampshire, giving you more time to file your claim.
Finally, in some cases, the statute of limitations can be extended if the victim of the accident was mentally incapacitated at the time of the accident. If the person is unable to understand their legal rights due to a mental condition, the statute of limitations may not start until the person regains the ability to manage their affairs.
How the Statute of Limitations Affects Insurance Claims
In addition to filing a lawsuit, many car accident victims choose to seek compensation through an insurance claim. In New Hampshire, the statute of limitations for filing a lawsuit does not necessarily apply to insurance claims. However, most insurance companies have their own deadlines for filing claims, and it is important to be aware of these time limits when dealing with your insurance company.
Even if you plan to settle your claim with the insurance company, it is still important to keep the statute of limitations in mind. If you are unable to reach a settlement with the insurance company and need to take legal action, you must file your lawsuit within the three-year time limit. Waiting too long could prevent you from recovering the compensation you need to cover medical bills, car repairs, and other expenses related to the accident.
The Importance of Acting Quickly
While three years may seem like a long time, it is important to act quickly after a car accident. Waiting too long to file your claim can create unnecessary complications and reduce your chances of receiving fair compensation. Evidence may be lost, witnesses’ memories may fade, and it may become harder to prove your case in court.
Seeking legal guidance early on can help you navigate the claims process more smoothly and avoid missing important deadlines. An attorney can help you gather evidence, deal with insurance companies, and file your lawsuit on time, ensuring that you are in the best possible position to recover compensation for your injuries and losses.
What Happens if You Miss the Deadline?
If you miss the deadline set by New Hampshire’s statute of limitations, it is likely that the court will dismiss your case. This means that you will no longer be able to pursue compensation for your injuries or property damage, regardless of how serious the accident was or how much financial loss you have suffered. Missing the statute of limitations can be a costly mistake that may leave you paying out of pocket for medical bills, car repairs, and other expenses.
In some rare cases, a court may allow a claim to proceed even after the statute of limitations has passed, but these situations are the exception rather than the rule. The best way to avoid this issue is to be proactive and seek legal assistance as soon as possible after an accident.
Understanding the statute of limitations and how it applies to your car accident claim can be confusing, especially when you are dealing with the aftermath of an accident. It is crucial to know the time limits that apply to your case and take action before it is too late. This is where legal assistance can be invaluable.
If you have been involved in a car accident in New Hampshire and are unsure about the legal process, Tenn And Tenn, PA can help. Our attorneys are experienced in handling car accident claims and can guide you through every step of the process. From dealing with insurance companies to filing your claim within the necessary time frame, we will work to ensure that you receive the compensation you deserve. Contact Tenn And Tenn, PA today to schedule a consultation and learn more about your legal options.