Wrongful Death Statute of Limitations in New Hampshire
Last verified 2026-07 · Source: RSA 556:11; RSA 556:12 ✓ verified · 3 sources
The deadline
3 years
from date of death, or within 1 year of appointment of administrator if later, under RSA 556:11; RSA 556:12.
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Under RSA 556:11; RSA 556:12, you have 3 years from date of death, or within 1 year of appointment of administrator if later to file a wrongful death lawsuit in New Hampshire. Miss it and you lose the right to sue — but several New Hampshire-specific exceptions can extend (or shorten) that window, detailed below.
New Hampshire Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 3 years | RSA 556:11; RSA 556:12 |
| Car Accident | 3 yrs | N.H. Rev. Stat. Ann. § 508:4, I |
| Credit Card Debt | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 |
| Medical Malpractice | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 |
| Personal Injury | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 |
| Dog Bite | 3 yrs | RSA 508:4 |
| Slip and Fall | 3 yrs | N.H. Rev. Stat. § 508:4 |
| Defamation | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 |
| Breach of Contract | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 |
| Medical Debt | 3 yrs | RSA 508:4 |
When the Clock Starts
In New Hampshire, the limitations period for wrongful death claims generally begins on date of death, or within 1 year of appointment of administrator if later. New Hampshire does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: RSA 507-B:7 requires written notice to the governmental unit; the general 3-year period under RSA 508:4 governs wrongful death claims against governmental units as well
- Damage caps: No statutory cap on wrongful death damages; RSA 556:12 allows recovery for all reasonable damages including mental anguish, destruction of family relationships, and economic losses
Action brought by the estate administrator under RSA 556:11; RSA 556:12 defines recoverable damages to include mental anguish, grief, loss of the deceased's society and companionship, destruction of the family relationship, and economic losses; the 3-year limitation runs from the date of the injury causing death under RSA 508:4
Source: RSA 556:11; RSA 556:12, official New Hampshire statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for New Hampshire government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How New Hampshire Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| New Hampshire | 3 years | RSA 556:11; RSA 556:12 |
| Maine | 3 yrs | Me. Rev. Stat. tit. 18-C, § 2-807 |
| Massachusetts | 3 yrs | Mass. Gen. Laws ch. 229, §2 |
| Vermont | 2 yrs | 14 V.S.A. § 1492 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in New Hampshire?
You have 3 years from date of death, or within 1 year of appointment of administrator if later, under RSA 556:11; RSA 556:12.
Can I still sue after 3 years in New Hampshire?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
New Hampshire generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
RSA 507-B:7 requires written notice to the governmental unit; the general 3-year period under RSA 508:4 governs wrongful death claims against governmental units as well
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Sources
- Official RSA 556:11 – New Action (New Hampshire Wrongful Death Survival Statute) – NH General Court
- Corroborating New Hampshire RSA 556:11 (2024) – New Action – Justia
- Corroborating Wrongful Death Lawsuits in New Hampshire – Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed New Hampshire attorney.