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RSA 541-B:14 · Limitation on Action and Claims

Title
LV: PROCEEDINGS IN SPECIAL CASES
Chapter
541-B · CLAIMS AGAINST THE STATE
Status
current
Official source linked
Yes
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541-B:14 Limitation on Action and Claims. –

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I.

All claims arising out of any single incident against any agency for damages in tort actions shall be limited to an award not to exceed $475,000 per claimant and $3,750,000 per any single incident, or the proceeds from any insurance policy procured pursuant to RSA 9:27, whichever amount is greater; except that no claim for punitive damages may be awarded under this chapter. The limits applicable to any action shall be the limits in effect at the time of the judgment or settlement.

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II.

If a claim is filed against the state for time unjustly served in the state prison when a person is found to be innocent of the crime for which he was convicted, such a claim shall be limited to an award not to exceed $20,000.

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III.

The payment of interest shall be granted on any award authorized under this chapter at the rate provided in RSA 336:1 in the same manner as is provided for in civil actions generally.

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IV.

Any claim submitted under this chapter shall be brought within 3 years of the date of the alleged bodily injury, personal injury or property damage or the wrongful death resulting from bodily injury. As a condition precedent to commencement of the action, the agency shall be provided written notice within 180 days after the time of the injury or damage as to the date, time, and location the injury or damage occurred. The lack of written notice shall not bar a claim unless the agency can show by a preponderance of the evidence that its ability to defend against the action was substantially prejudiced thereby. Such notification may be made either by the claimant or an appropriate representative of the claimant. Source. 1977, 595:2. 1985, 412:10, 11. 1993, 119:1. 1995, 237:2. 1996, 267:3. 2003, 150:11, eff. Jan. 1, 2004. 2007, 356:2, eff. July 17, 2007. 2018, 125:6, eff. May 30, 2018.

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Source note

Source. 1977, 595:2. 1985, 412:10, 11. 1993, 119:1. 1995, 237:2. 1996, 267:3. 2003, 150:11, eff. Jan. 1, 2004. 2007, 356:2, eff. July 17, 2007. 2018, 125:6, eff. May 30, 2018.

Source history

  • 1977, 595:2
  • 1985, 412:10, 11
  • 1993, 119:1
  • 1995, 237:2
  • 1996, 267:3
  • 2003, 150:11, eff. Jan. 1, 2004
  • 2007, 356:2, eff. July 17, 2007
  • 2018, 125:6, eff. May 30, 2018

Related materials

Bill relationships

  • 2026 HB1801 amend · effective 2027-01-01

    atives in General Court convened: 1 Short Title. This act may be known as and cited to as the "Clean Cops Act." 2 New Section; Claims Based on Unlawful Detention. Amend RSA 541-B by inserting after section 21-a the following new section: 541-B:21-b Claims Based on Unlawful Detention. Notwithstanding any other provision of this chapter, the following provisions shall apply in an action bro

  • 2026 HB1801-FN amend · effective 2027-01-01

    atives in General Court convened: 1 Short Title. This act may be known as and cited to as the "Clean Cops Act." 2 New Section; Claims Based on Unlawful Detention. Amend RSA 541-B by inserting after section 21-a the following new section: 541-B:21-b Claims Based on Unlawful Detention. Notwithstanding any other provision of this chapter, the following provisions shall apply in an action bro

  • 2025 HB2 reference

    nt. The payment of $10,000,000 to plaintiff Michael Gilpatrick shall be made pursuant to the processes established by the department of justice and department of administrative services pursuant to RSA 99-D:2, RSA 541-B, and the terms of the settlement agreement. 141:185 The State and Its Government; State Treasurer and State Accounts; Application of Receipts. Amend RSA 6:12, I(b)(103) to read as follows: (103) Moneys deposit

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