How long do I have to sue?

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.

This entry was posted on Tuesday, April 12th, 2005 at 3:24 pm and is filed under Medical Malpractice. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.