New Hampshire Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options
From Portsmouth Naval Shipyard's massive submarine operations to Manchester's textile mills and Berlin's pulp and paper plants, New Hampshire's industrial heritage created countless opportunities for asbestos exposure across the Granite State. Our comprehensive database documents 270 asbestos exposure sites across 74 New Hampshire communities—from the shipyards that built America's nuclear fleet to the power plants that electrified New England. New Hampshire's industrial economy depended heavily on asbestos-containing materials, and that means thousands of workers were exposed.
New Hampshire offers strong legal protections for mesothelioma families. The state follows a discovery rule that protects victims of diseases with long latency periods, has no statutory caps on noneconomic damages, and provides joint and several liability for major defendants—meaning you can collect full compensation from any defendant found more than 50% at fault. New Hampshire's courts consistently recognize the unique dangers of occupational asbestos exposure.
Time is critical. New Hampshire's three-year discovery rule means your family's deadline to file began when you learned your illness was caused by asbestos exposure. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both New Hampshire's rich industrial history and its favorable legal environment.
This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.
— Firm Founder, Justinian Lane
If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.
Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS
New Hampshire Asbestos Law Summary
Legal Topic | New Hampshire Law | What This Means for Your Family |
|---|---|---|
Deadlines and Accrual Rules | ||
Filing Deadline – Personal Injury | 3 years from discovery (RSA § 508:4) | You must file within 3 years of discovering that asbestos exposure caused your illness. |
Filing Deadline – Wrongful Death | 3 years from discovery (RSA § 508:4) | The estate must file within 3 years of learning that asbestos exposure caused the death. |
Minor Tolling | Permitted (RSA § 508:8) | Statutes are paused for minors until age 18, or until legal disability is removed. |
Statute of Repose – Construction | 8 years from substantial completion (RSA § 508:4-b) | Claims involving buildings must be brought within 8 years, unless concealed defects or late-discovered injuries apply. |
Standards of Proof and Causation | ||
Causation Standard | Substantial factor; proximate cause (Carignan v. N.H. Int’l Speedway) | You must show that asbestos exposure was a meaningful cause of illness, not just incidental. |
Expert Testimony | Reliability standard (Baker Valley Lumber v. Ingersoll-Rand) | Experts must use sound methods and explain how they apply to your case. New Hampshire does not follow Daubert. |
Punitive Damages | Not allowed (Stewart v. Bader) | Punitive damages are barred, but courts may award enhanced compensatory damages for malicious or reckless conduct. |
Damages and Caps | ||
Economic Damages | No cap | You may recover all medical bills, lost income, and other documented financial losses. |
Noneconomic Damages | No cap | You may receive full compensation for pain, suffering, emotional distress, and loss of enjoyment of life. |
Loss of Consortium | Capped at $150,000 per claimant (RSA § 507-C:3) | Spouses, parents, and children may claim damages for loss of companionship, up to this limit. |
Enhanced Compensatory Damages | Permitted (Vratsenes v. N.H. Auto) | Courts may increase compensatory damages in cases of egregious or malicious conduct by the defendant. |
Liability and Fault Rules | ||
Comparative Fault | Modified 51% bar (RSA § 507:7-d) | You may recover only if you are 50% or less at fault. Your damages are reduced proportionally. |
Joint and Several Liability | Applies only to defendants >50% at fault (RSA § 507:7-e) | Major defendants may be liable for the full award. Others pay only their share of fault. |
Other Considerations | ||
Collateral Source Rule | Limited (RSA § 507:7-g) | Defendants may reduce your recovery by the amount paid by insurance, unless the provider has a legal right to reimbursement. |
Wrongful Death Recovery | Permitted (RSA § 556:12–13) | Heirs may recover for loss of support, companionship, and funeral expenses. |
Survival Actions | Permitted (RSA § 556:9) | The estate may recover for pain, suffering, lost income, and medical costs incurred before death. |
New Hampshire Asbestos Law Details
New Hampshire provides a generally favorable legal environment for asbestos victims, with a discovery-based statute of limitations, joint and several liability for major defendants, and the availability of both wrongful death and survival claims. The state uses a modified comparative fault system and allows full recovery of compensatory damages, including for loss of consortium (with statutory caps). While punitive damages are barred by statute, enhanced compensatory damages may be available in cases of malicious conduct. Plaintiffs should be mindful of the eight-year statute of repose for construction claims and carefully document exposure history and causation.
Statutes of Limitations and Repose
New Hampshire applies a three-year statute of limitations to personal injury and wrongful death claims (RSA § 508:4). The statute begins to run when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, both the injury and its likely cause. This discovery rule makes New Hampshire favorable for asbestos cases involving long-latency diseases like mesothelioma (Bigwood v. Town of Hampton, 730 A.2d 1057 (N.H. 1999)).
New Hampshire enforces an eight-year statute of repose for claims involving construction and design of improvements to real property. Claims must be brought within eight years of substantial completion (RSA § 508:4-b), though exceptions apply for fraudulent concealment and certain personal injury claims discovered within one year of expiration.
Eligibility to Sue
Individuals diagnosed with mesothelioma or other asbestos-related conditions may file personal injury claims. If the injured person dies, their executor or administrator may bring a wrongful death action under RSA § 556:12. The claim may include:
Medical expenses,
Funeral costs,
Loss of earning capacity,
Loss of companionship or services (RSA § 556:12; § 556:13).
New Hampshire also permits survival actions (RSA § 556:9) to recover damages the decedent would have been entitled to if they had survived. This includes pain and suffering, loss of enjoyment of life, and pre-death economic losses.
Workers’ Compensation Limitations
New Hampshire’s Workers’ Compensation Act (RSA § 281-A:8) provides the exclusive remedy for employees injured in the course of employment. Lawsuits against employers are generally barred unless the employer committed an intentional tort.
However, employees may pursue third-party claims against manufacturers, suppliers, or premises owners. Employers that have paid workers’ compensation benefits may assert a lien on any third-party recovery (RSA § 281-A:13).
Damages and Caps
Economic Damages: Fully recoverable. Plaintiffs may recover the full value of medical expenses (past and future), lost income, loss of earning capacity, and other financial losses directly tied to the asbestos-related disease.
Noneconomic Damages: Fully recoverable in asbestos lawsuits. These include pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish. New Hampshire does not impose a statutory cap on general noneconomic damages in personal injury or wrongful death asbestos cases.
Loss of Consortium: Capped at $150,000 per claimant (RSA § 507-C:3). This applies to claims by spouses, children, or parents for the loss of care, companionship, and services due to the injury or death of a loved one.
Punitive Damages: Not permitted under New Hampshire law (Stewart v. Bader, 778 A.2d 390 (N.H. 2001)). Even in cases of egregious misconduct, plaintiffs may not seek traditional punitive damages designed solely to punish the defendant or deter similar behavior.
Enhanced Compensatory Damages: While punitive damages are barred, New Hampshire courts allow enhanced compensatory damages where the defendant’s conduct involved ill will, hatred, intent to oppress or injure, or reckless or wanton disregard of another’s rights (Vratsenes v. N.H. Auto, Inc., 653 A.2d 1245 (N.H. 1995)). These damages are still tied to the plaintiff’s harm but may exceed typical compensatory amounts to reflect the severity of the defendant’s misconduct. They must be supported by clear evidence of malicious or egregious behavior and are awarded as part of the overall compensatory award—not as a separate punitive component.
Comparative Fault and Joint Liability
New Hampshire applies a modified comparative fault rule (RSA § 507:7-d). A plaintiff may recover damages only if their fault is not greater than the combined fault of all defendants. If the plaintiff is found 51% or more at fault, recovery is barred. If less, damages are reduced proportionally.
For joint and several liability, New Hampshire uses a hybrid rule (RSA § 507:7-e):
Defendants found more than 50% at fault are jointly and severally liable for all damages.
Defendants 50% or less at fault are liable only for their proportional share.
This allows full recovery from a major defendant, even if others are bankrupt or unavailable.
Collateral Source Rule
New Hampshire follows a limited collateral source rule. Under RSA § 507:7-g, defendants may introduce evidence of collateral source payments (e.g., insurance, Medicare) to reduce damage awards—unless a subrogation right exists. This means medical damages may be reduced unless protected by contract or statute.
Standards of Proof and Causation
New Hampshire uses standard negligence principles. Plaintiffs must show:
The defendant owed a duty of care,
The defendant breached that duty,
The breach proximately caused the injury, and
Damages resulted (Carignan v. N.H. Int’l Speedway, Inc., 882 A.2d 1256 (N.H. 2005)).
For causation in asbestos cases, New Hampshire courts require proof that the defendant’s product or conduct was a substantial factor in bringing about the disease.
Expert testimony is generally required for both exposure history and medical causation in mesothelioma cases, and must meet the reliability standard established in Baker Valley Lumber v. Ingersoll-Rand Co., 813 A.2d 409 (N.H. 2002). New Hampshire applies a flexible reliability test, but not a strict Daubert standard.
How New Hampshire Law Works in Practice
Meet Margaret, a 74-year-old retired laboratory technician from Nashua. From the late 1960s through the 1980s, Margaret worked in a research facility that used heat-resistant lab equipment and insulation, much of it containing asbestos. She also laundered her husband’s dusty work uniforms—he was a maintenance worker in the same facility. In April 2024, Margaret was diagnosed with pleural mesothelioma after developing chest pain and shortness of breath.
Because New Hampshire applies a discovery-based statute of limitations, Margaret’s three-year deadline began in April 2024, when she learned that her mesothelioma was caused by asbestos exposure (RSA § 508:4; Bigwood v. Town of Hampton). That gives her until April 2027 to file a personal injury claim—even though the exposure occurred more than 40 years earlier.
If Margaret were to pass away before filing, her family could bring both a wrongful death claim (RSA § 556:12) and a survival claim (RSA § 556:9). The wrongful death claim would allow them to recover for loss of companionship, support, and funeral expenses, while the survival claim would recover for Margaret’s pain, suffering, and medical bills incurred before death.
Because Margaret was exposed in a workplace, her attorneys must determine whether workers’ compensation exclusivity applies. If the facility employed her directly and she received workers’ comp benefits, she may be barred from suing the employer (RSA § 281-A:8). However, she can still sue third parties, such as the manufacturers of asbestos-containing products or building contractors who failed to warn of known dangers. The employer may assert a lien on any third-party recovery (RSA § 281-A:13).
To succeed, her legal team must prove that each defendant’s asbestos product or conduct was a substantial factor in causing her illness (Carignan v. N.H. Int’l Speedway, Inc.). Expert testimony will be required to establish both exposure and medical causation. While New Hampshire does not follow Daubert, experts must meet the state’s reliability standard (Baker Valley Lumber v. Ingersoll-Rand Co.), which focuses on methodology and relevance.
If Margaret is found partially responsible—perhaps for ignoring warnings or not using available protective gear—New Hampshire’s modified comparative fault rule allows her to recover only if she is 50% or less at fault (RSA § 507:7-d). Her damages would be reduced by her percentage of fault.
In terms of recovery:
Margaret can recover full economic damages with no caps.
She may also receive noneconomic damages for pain, suffering, and loss of enjoyment of life—with no statutory cap.
Her husband may file a loss of consortium claim, capped at $150,000 (RSA § 507-C:3).
Punitive damages are not allowed, but if any defendant is shown to have acted with malice or reckless disregard, the court may award enhanced compensatory damages under Vratsenes v. N.H. Auto, Inc..
Finally, if Medicare or insurance paid part of Margaret’s medical bills, New Hampshire’s limited collateral source rule (RSA § 507:7-g) allows the defense to introduce that evidence only if there’s no subrogation right. This may reduce the verdict unless her attorneys successfully show that the payments must be reimbursed.
This is a hypothetical example based on real New Hampshire law. Every case is unique. If you or someone you love has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how New Hampshire law may apply to your situation.
Why Choose Our Firm to Handle Your Family's New Hampshire Mesothelioma Case?
Our proprietary database contains detailed records of 270 asbestos exposure sites across 74 New Hampshire communities—from Portsmouth Naval Shipyard's submarine construction to Manchester's industrial manufacturing complex. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.
The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your New Hampshire family—because we've already done much of the detective work your case requires.
Learn more about our firm and our database
New Hampshire Database Highlights:
Major NH Exposure Sites | Trust Claims Available | Court Precedents |
|---|---|---|
Manchester (32 documented sites) | 15+ major trusts | Textile/manufacturing exposure precedents |
Portsmouth (28 sites) | Naval/shipyard trusts | Military/government facility wins |
Berlin (24 sites) | Pulp mill trusts | Paper industry exposure success |
Nashua (20 sites) | Chemical/aviation trusts | Industrial facility precedents |
If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your family today. Here's how:
Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our New Hampshire database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Portsmouth Naval Shipyard's submarine construction to Berlin's massive paper mills.
For example, if you worked at facilities where our database shows AWI (Armstrong World Industries) products were installed—which we've documented at numerous New Hampshire schools, hospitals, and industrial buildings—we can file your AWI Asbestos Personal Injury Settlement Trust claim immediately. While other firms would spend months investigating whether AWI products were present at your workplace, we've already done that detective work. We can potentially recover $110,000 to $400,000 for mesothelioma cases.
You can hold companies accountable through New Hampshire's favorable court system. Our database strengthens your case with documented evidence and court precedents from New Hampshire worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Portsmouth Naval Shipyard and the Brown Paper Company mills.
Our database contains detailed records from New Hampshire's unique industrial sites, including testimony about which defendants' products were used in harsh New England conditions. This gives us crucial evidence about product failures and safety violations specific to New Hampshire's industrial environment.
Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. New Hampshire's extensive military presence, especially at Portsmouth Naval Shipyard, means many residents have potential VA claims from service at naval facilities.
Our military records are especially valuable for veterans who served at Portsmouth Naval Shipyard or worked on defense projects throughout New Hampshire, helping prove exposure that gets VA claims approved faster.
Learn more about the legal options available to your family
Ready to Pursue Your New Hampshire Mesothelioma Case?
Whether you were exposed to asbestos at Portsmouth Naval Shipyard, Manchester's manufacturing facilities, Berlin's paper mills, or any of New Hampshire's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.
Why Time Matters in New Hampshire:
Three-year filing deadline from diagnosis under New Hampshire's discovery rule
Multiple trust claims may be available beyond your lawsuit
No caps on noneconomic damages in New Hampshire
Joint and several liability for major defendants means maximum recovery potential
What We'll Do for Your New Hampshire Family:
Free case evaluation to determine all available compensation sources
Immediate trust claim filings using our proprietary database of New Hampshire exposure sites
Aggressive lawsuit preparation against manufacturers and premises owners
Strategic use of New Hampshire's favorable liability rules to maximize recovery from major defendants
Expert navigation of workers' compensation issues common to New Hampshire's industrial workforce
Get started today. Our New Hampshire mesothelioma team understands the unique industrial history of the Granite State and is ready to put that expertise to work for your family.
Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS