Statutes of Limitations in New Hampshire
Understanding Statutes of Limitations
Statutes of limitations are legal time limits within which claims or charges must be brought. These limits help ensure evidence integrity, a speedy judicial process, and protection against indefinite threats of lawsuits.
New Hampshire's Statutes of Limitations
In New Hampshire, the statute of limitations for most criminal felonies is six years, and two years for misdemeanors. There is no time limit for murder charges. For civil claims, the limit is generally three years.
Civil Statutes of Limitations
Most civil actions in New Hampshire have a three-year statute of limitations, including:
- Personal Injury
- Libel/Slander
- Fraud
- Injury to Personal Property
- Professional Malpractice
Discovery Rule Exception
The discovery rule is a crucial exception that extends the statute of limitations. It starts the clock when the injury is discovered, not when it occurred. This is particularly significant for cases where the harm is not immediately apparent, such as in medical malpractice or latent injuries.
Background and Rationale for Change
The extension of the statute of limitations for sexual assault cases in New Hampshire reflects a growing recognition of the unique challenges faced by survivors. Sexual assault often results in profound trauma, which can delay the reporting of the crime and the pursuit of legal action. The previous time limits were seen as insufficient for addressing the needs of survivors who may take years to come forward due to psychological trauma, fear of retaliation, or other factors.
Advocacy by survivors and support groups played a significant role in pushing for these changes. They argued that the legal system should be more accommodating to the realities of trauma and recovery, which do not conform to strict timelines. Lawmakers were convinced that extending the statute of limitations would allow more survivors to seek justice and hold perpetrators accountable, even years after the assault occurred.
The Impact of Legal Changes
The recent changes are designed to provide more time for survivors of sexual assault to seek justice. These changes acknowledge the complex nature of trauma and the reasons for delayed reporting. By extending the time limits, the law aims to support survivors in their pursuit of justice and accountability.
Seeking Legal Assistance
If you are a survivor of sexual assault, it is vital to understand your rights and the relevant statutes of limitations. Recent legal changes may impact your ability to file a claim. Our experienced legal team at oshan and associates is here to help you every step of the way. From evaluating your eligibility to gathering necessary documentation, we provide comprehensive support to ensure you receive the compensation and justice you deserve.
Time is crucial, so don’t hesitate—contact us today at (206) 335-3880 or fill out our contact form for a confidential consultation and let us guide you through this critical process.
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