New Hampshire Notice of Claim

Introduction

Key Things to Know

1. 1

   Treat the deadline as strict. On both tracks the notice is generally a condition precedent to starting the action, and a late or missing notice can bar the claim if the government shows its defense was substantially prejudiced. Reading the statute or contacting the entity's clerk or risk management office confirms the current rule.

2. 2

   Local track (RSA 507-B:7, I): the clerk of the governmental unit must be notified by registered mail within 60 days after the time of the injury or damage or discovery of the injury or damage, if it could not reasonably have been discovered at the time it occurred. The notice requirement does not apply to an action based on an offense under RSA 632-A or RSA 639:2 (RSA 507-B:7, II).

3. 3

   State track (RSA 541-B:14, IV): the State agency must be provided written notice within 180 days after the time of the injury or damage. The claim is filed first with the agency under RSA 541-B:11, I, and Board of Claims claims are filed with the Secretary of State (RSA 541-B:11, III).

4. 4

   On both tracks the notice states the date, time and location where the injury or damage occurred. A short description of what happened, who was involved and the losses claimed helps the entity identify the claim.

5. 5

   A missing notice is not automatically fatal. Against a State agency, lack of written notice does not bar the claim unless the agency shows by a preponderance of the evidence that its ability to defend was substantially prejudiced. A local unit bears the burden to show substantial prejudice. Do not rely on this; give notice on time.

6. 6

   The suit deadline is 3 years. A claim under RSA 541-B must be brought within 3 years of the date of the bodily injury, personal injury, property damage or wrongful death. Against a local unit, the action is due within 3 years, with the discovery rule (RSA 507-B:7, I), but an action based on an offense under RSA 632-A or 639:2 may be commenced at any time (RSA 507-B:7, II).

7. 7

   Recovery is capped. State claims: $475,000 per claimant and $3,750,000 per single incident, or insurance proceeds if greater, with no punitive damages under RSA 541-B (RSA 541-B:14, I). Local units: $325,000 per person and $1,000,000 per occurrence (RSA 507-B:4, I), or the policy limit if higher (RSA 507-B:7-a).

New Hampshire Requirements for Notice of Claim

• Local Unit Notice Deadline

  RSA 507-B:7, I: notify the clerk of the governmental unit within 60 days after the time of the injury or damage or its discovery if not reasonably discoverable then, as a condition precedent. Not required for RSA 632-A or 639:2 offenses (RSA 507-B:7, II).

• Registered Mail to the Clerk

  RSA 507-B:7, I: the notice to a local governmental unit goes to its clerk by registered mail.

• State Agency Notice Deadline

  RSA 541-B:14, IV: give the State agency written notice within 180 days after the time of the injury or damage, as a condition precedent to the action. The claim is filed first with the agency (RSA 541-B:11, I).

• Prejudice Rule for Missing Notice

  RSA 541-B:14, IV: lack of written notice bars the claim only if the agency shows by a preponderance of the evidence that its defense was substantially prejudiced. RSA 507-B:7, I: the local unit bears the burden to show substantial prejudice.

• Three-Year Suit Deadline

  RSA 541-B:14, IV: a claim must be brought within 3 years of the injury, damage or wrongful death. RSA 507-B:7, I: an action against a local unit within 3 years, with the discovery rule; RSA 632-A or 639:2 offense actions at any time (507-B:7, II).

• Damages Caps

  RSA 541-B:14, I: $475,000 per claimant and $3,750,000 per single incident, or insurance proceeds if greater, and no punitive damages. RSA 507-B:4, I: $325,000 per person and $1,000,000 per occurrence, or the policy limit if higher (RSA 507-B:7-a).

• Date, Time and Location

  State the date, time and location where the injury or damage occurred, as both notice statutes require.

• Proof of Delivery

  Record the date sent, the recipient office and the method, with the registered mail number for a local unit.