New Hampshire: Prejudgment Interest Rules
The short answer
Yes, and it's automatic, not discretionary. New Hampshire has two companion statutes that add interest to a verdict without a judge having to decide whether it's warranted: RSA 524:1-a for a debt, account stated, or liquidated-damages claim (interest from any pre-suit demand, or from the date suit was filed if there was none), and RSA 524:1-b for every other kind of civil damages claim — personal injury, wrongful death, consequential damages, property, business, or reputation loss — where the clerk of court adds interest automatically from the date of the writ or petition. Either way, the rate is a single floating figure set annually under RSA 336:1 (5.7% for 2026), and it's simple, never compounding. Unlike most states, New Hampshire doesn't cut prejudgment interest off against a government defendant, either.
| Governing law | Two companion statutes govern when interest starts: RSA 524:1-a covers a debt, account stated, or liquidated-damages claim; RSA 524:1-b covers every other kind of civil damages claim (personal injury, wrongful death, consequential damages, property/business/reputation damage). The rate for both comes from a separate chapter, RSA 336:1, II, New Hampshire's general interest-and-usury statute |
|---|---|
| Interest rate | A single floating rate applies to every prejudgment award: the 26-week U.S. Treasury bill discount rate as of the last auction before September 30 each year, plus 2 percentage points, rounded to the nearest tenth, reset annually by the state treasurer and published by the courts (5.7% for judgments in 2026). When the rate changes partway through a case, the New Hampshire Supreme Court has held that each year's own then-current rate applies to its portion of the prejudgment period, rather than locking in a single rate for the whole span (Linteau v. Gauthier, 142 N.H. 460 (1997)) |
| When interest starts running | Differs by which statute applies. Under RSA 524:1-a (debt, account stated, liquidated damages): from the date of any demand made before suit was filed, or from the date suit was filed if there was no earlier demand. Under RSA 524:1-b (personal injury, wrongful death, consequential damages, and other loss types): from the date of the writ or the filing of the petition, with no earlier-demand option |
| Contract vs. tort claims | Not split by contract-vs-tort labels at all. The real dividing line is whether the claim is a debt, account stated, or liquidated sum (RSA 524:1-a) versus everything else (RSA 524:1-b) — a category that sweeps in most personal-injury and wrongful-death claims, but also any contract claim seeking unliquidated consequential damages rather than a fixed debt |
| Mandatory or discretionary | Mandatory, and unusually mechanical: RSA 524:1-b says interest 'shall be added forthwith by the clerk of court' to the damages — a ministerial calculation, not a judge's decision. RSA 524:1-a is equally mandatory ('interest shall commence to run'). Neither statute gives a court discretion to deny prejudgment interest once a qualifying verdict or finding is entered |
| Simple or compound | Simple interest only, by the rate statute's own express text: RSA 336:1, II sets 'the annual simple rate of interest on judgments, including prejudgment interest' |
| Claims against the government | Unlike most states in this survey, New Hampshire does not cut off or discount prejudgment interest against the government — it expressly extends ordinary interest rules to both levels of government. For a local governmental unit (a county, city, town, school district, and the like) sued under the bodily-injury liability chapter, RSA 507-B:4, III says 'interest and costs may be recovered as in any civil action, in addition to the limits prescribed in this section' — prejudgment interest doesn't even count against that chapter's $325,000-per-person/$1,000,000-per-incident damage caps. For a claim against the State itself under the Board of Claims chapter, RSA 541-B:14, III says interest 'shall be granted... at the rate provided in RSA 336:1 in the same manner as is provided for in civil actions generally.' Whether that state-claim interest sits inside or outside chapter 541-B's own damages cap isn't spelled out as explicitly as it is for local governmental units |
| Other exceptions | RSA 524:1-b interest keeps accruing 'even though such interest brings the amount of the judgment beyond the maximum liability imposed by law' — a statutory damages cap doesn't stop interest from pushing the final judgment above that cap. A pre-suit demand can move up the accrual date only on the debt/liquidated-damages track (RSA 524:1-a); the personal-injury/consequential-damages track (RSA 524:1-b) always starts from the writ or petition date regardless of any earlier demand |
Compare this rule across all 50 states + DC →
The short answer
New Hampshire stands out in this survey because its prejudgment interest isn't a judge's call at all — it's automatic. Two companion statutes cover the whole field: RSA 524:1-a for a debt, an account stated, or a liquidated-damages claim, and RSA 524:1-b for everything else with pecuniary damages — personal injury, wrongful death, consequential damages, and loss to property, business, or reputation. Once a verdict or finding is entered, the clerk of court adds the interest as a matter of course; there's no motion to argue and no discretion to deny it. The rate is the same either way: a single floating figure reset every year under RSA 336:1, tied to the 26-week Treasury bill rate plus 2 points (5.7% for 2026), computed as simple interest. And unlike most states in this survey, New Hampshire doesn't carve out an exception for government defendants — both towns/counties and the State itself get ordinary interest treatment.
Requirements one by one
Governing law
RSA 524:1-a and RSA 524:1-b divide the field between them. Section 1-a applies narrowly: "any action on a debt or account stated or where liquidated damages are sought." Section 1-b is the broad catch-all: "personal injuries," "wrongful death," "consequential damages," "damage to property, business or reputation," and "any other type of loss for which damages are recognized." Neither statute sets the actual interest rate — that comes from a separate chapter entirely, RSA 336:1, paragraph II, which is New Hampshire's general interest-and-usury law.
Interest rate
RSA 336:1, II sets one floating rate for all prejudgment (and postjudgment) interest: the discount rate on 26-week U.S. Treasury bills at the last auction before September 30 of each year, plus 2 percentage points, rounded to the nearest tenth. The state treasurer calculates the new rate every December and it takes effect the following January 1 through that calendar year's end. The New Hampshire courts publish the resulting figure each year; it's 5.7% for 2026. Because the rate changes annually and a lawsuit can run for years, the New Hampshire Supreme Court addressed what happens when the rate changes mid-case in Linteau v. Gauthier, 142 N.H. 460 (1997): rather than applying one rate to the entire period from the writ to the verdict, each year's own then-current rate applies to its slice of that period — a real trap for anyone computing interest on a multi-year case by hand.
When interest starts running
The two statutes set different starting points. Under RSA 524:1-a, if the creditor made a demand before filing suit, interest starts from that demand date; if there was no earlier demand, it starts from the date suit was filed. Under RSA 524:1-b, there's no demand option at all — interest always starts "from the date of the writ or the filing of the petition," regardless of when (or whether) an earlier demand was made.
Contract vs. tort claims
New Hampshire doesn't organize this by contract-vs-tort labels. The real axis is whether the claim is a debt, account stated, or liquidated sum (RSA 524:1-a) or anything else (RSA 524:1-b). That second, broader category catches essentially all personal-injury and wrongful-death claims, but it also catches a contract claim seeking unliquidated consequential damages rather than a fixed debt — so two different breach-of-contract cases can land under different sections depending on whether the damages sought are a sum certain or something a fact-finder has to work out.
Mandatory or discretionary
Both statutes are mandatory, and RSA 524:1-b goes further than most states' "the court shall award" language: it says interest "shall be added forthwith by the clerk of court" — a purely clerical, ministerial act, not something a judge decides case by case. RSA 524:1-a is equally automatic ("interest shall commence to run"). There's no statutory hook in either section for a court to deny prejudgment interest once damages are found.
Simple or compound
Simple interest only. RSA 336:1, II says so directly: it sets "the annual simple rate of interest on judgments, including prejudgment interest" — the word "simple" is in the statute's own text, not left to inference or case law.
Claims against the government
This is where New Hampshire departs sharply from most of the states in this survey: it doesn't bar or discount prejudgment interest against the government. For a claim against a local governmental unit (a town, city, county, school district, or similar body — the statute expressly excludes the State itself from this definition) under the bodily-injury liability chapter, RSA 507-B:4, III, says "interest and costs may be recovered as in any civil action, in addition to the limits prescribed in this section" — meaning prejudgment interest is added on top of, not squeezed inside, that chapter's $325,000-per-person and $1,000,000-per-incident damage caps. For a claim against the State of New Hampshire itself, brought through the Board of Claims process under chapter 541-B, RSA 541-B:14, III, is just as direct: interest "shall be granted... at the rate provided in RSA 336:1 in the same manner as is provided for in civil actions generally." The one thing this survey couldn't confirm from the statute's own text is whether that state-claim interest sits inside or outside chapter 541-B's own per-claimant and per-incident damage caps — 507-B's parallel provision says so explicitly for local governments, but 541-B:14 doesn't repeat that "in addition to the limits" language for state claims.
Other exceptions
RSA 524:1-b contains an unusual, explicit override: the added interest keeps accruing "even though such interest brings the amount of the judgment beyond the maximum liability imposed by law." In other words, a statutory damages cap on the underlying claim doesn't cap the interest that pushes the final judgment past it — worth knowing for anyone estimating a total recovery near a capped category of damages. The only other real branch point is the demand-date option: it exists solely for the debt/liquidated-damages track under RSA 524:1-a, not for the personal-injury/consequential-damages track under RSA 524:1-b.
What trips people up
The biggest surprise for anyone used to a discretionary system is that New Hampshire's prejudgment interest isn't argued for or against at all — it's added by the clerk as a matter of course once there's a verdict or finding for damages. There's no motion practice around "should interest be awarded here," only around which section applies and what the accrual date should be.
The second trap is the floating rate itself. Because RSA 336:1's rate resets every January and a case can run for several years, a plaintiff (or their lawyer) computing interest by simply applying today's rate to the whole prejudgment period will get the wrong number — Linteau v. Gauthier requires segmenting the calculation year by year, applying whatever rate was in effect during each stretch of time.
Common questions
Do I need to ask the court for prejudgment interest in New Hampshire, or does it happen automatically?
It's automatic under RSA 524:1-b for most damages claims — the clerk of court adds it to the verdict without a separate motion. RSA 524:1-a's debt/liquidated-damages track is equally automatic, running from suit filing or an earlier demand.
What's New Hampshire's prejudgment interest rate right now?
5.7% for 2026. It's a floating rate tied to the 26-week Treasury bill rate plus 2 points, reset every January 1.
Can I get prejudgment interest if I sue a New Hampshire town or the State itself?
Yes. New Hampshire is unusual in extending ordinary interest rules to government defendants: RSA 507-B:4 lets interest be recovered against a local governmental unit on top of its damage caps, and RSA 541-B:14 grants interest on a Board of Claims award against the State at the same RSA 336:1 rate as any other civil action.
Does New Hampshire's prejudgment interest compound?
No. RSA 336:1 expressly labels it "simple" interest.
Statutes and sources
- RSA 524:1-a — "In the absence of a demand prior to the institution of suit, in any action on a debt or account stated or where liquidated damages are sought, interest shall commence to run from the time of the institution of suit. This statute shall be inapplicable where the party to be charged pays the money into court in accordance with the rules of the superior court." Accessed 2026-07-05: https://www.gc.nh.gov/rsa/html/LIII/524/524-1-a.htm
- RSA 524:1-b — "In all other civil proceedings at law or in equity in which a verdict is rendered or a finding is made for pecuniary damages to any party, whether for personal injuries, for wrongful death, for consequential damages, for damage to property, business or reputation, for any other type of loss for which damages are recognized, there shall be added forthwith by the clerk of court to the amount of damages interest thereon from the date of the writ or the filing of the petition to the date of judgment even though such interest brings the amount of the judgment beyond the maximum liability imposed by law." Accessed 2026-07-05: https://www.gc.nh.gov/rsa/html/LIII/524/524-1-b.htm
- RSA 336:1, II — "The annual simple rate of interest on judgments, including prejudgment interest, shall be a rate determined by the state treasurer as the prevailing discount rate of interest on 26-week United States Treasury bills at the last auction thereof preceding the last day of September in each year, plus 2 percentage points, rounded to the nearest tenth of a percentage point..." Accessed 2026-07-05: https://www.gc.nh.gov/rsa/html/XXXI/336/336-1.htm
- RSA 507-B:4, III — "Interest and costs may be recovered as in any civil action, in addition to the limits prescribed in this section." Accessed 2026-07-05: https://gc.nh.gov/rsa/html/LII/507-B/507-B-4.htm
- RSA 541-B:14, 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." Accessed 2026-07-05: https://gc.nh.gov/rsa/html/LV/541-B/541-B-14.htm
- Linteau v. Gauthier, 142 N.H. 460 (1997) — held that when RSA 336:1's floating rate changes during the prejudgment period, each year's own then-current rate applies to its portion of that period, rather than one rate applying to the whole span. Accessed 2026-07-05: https://law.justia.com/cases/new-hampshire/supreme-court/1997/linteau.html
Source links
Every statute quoted above, linked, with the date we checked it.