Wrongful Death Lawsuits in New Hampshire
Who can bring a wrongful death claim in New Hampshire, the deadline to file, and any limits on damages.
Short answer: The action is brought by the administrator (personal representative) of the estate. Damages may include the decedent's pain and suffering, expenses, and lost earning capacity. RSA 556:12
| Who can sue for wrongful death | The action is brought by the administrator (personal representative) of the estate. Damages may include the decedent's pain and suffering, expenses, and lost earning capacity. In addition, a surviving spouse may recover for loss of comfort, society and companionship (up to $500,000), and minor children of a parent who died, or parents of a minor child who died, may recover for loss of familial relationship (up to $300,000 per claimant). Source: RSA 556:12 |
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| Wrongful death deadline | If no action was pending when the person died, a wrongful death action may be brought within 6 years after the death, "subject to the provisions of RSA 508" (the general limitation statute). How the 6-year period in RSA 556:11 interacts with the 3-year rule in RSA 508:4 depends on court decisions; confirm the deadline for a specific case. Source: RSA 556:11 |
| Damage caps | No general cap on damages in ordinary injury cases was found. In wrongful death cases, a surviving spouse's damages for loss of companionship are capped at $500,000 and loss of familial relationship damages at $300,000 per claimant; total wrongful death damages are capped at $50,000 only when the decedent left no spouse, child, parent or dependent relative. Claims against the state and local governments are also capped. |
More New Hampshire personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in New Hampshire
- Car Accident Claims in New Hampshire
- Dog Bite Liability in New Hampshire
- Slip, Trip and Fall Injuries in New Hampshire
- Sidewalk and Public Property Falls in New Hampshire
- Motorcycle Accident Claims in New Hampshire
- Pedestrian Accident Claims in New Hampshire
- Bicycle Accident Claims in New Hampshire
- Uber and Lyft Accident Claims in New Hampshire
- Truck Accident Claims in New Hampshire
- Construction Site Injuries in New Hampshire
- All New Hampshire personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in New Hampshire?
The action is brought by the administrator (personal representative) of the estate. Damages may include the decedent's pain and suffering, expenses, and lost earning capacity. In addition, a surviving spouse may recover for loss of comfort, society and companionship (up to $500,000), and minor children of a parent who died, or parents of a minor child who died, may recover for loss of familial relationship (up to $300,000 per claimant).
How long do you have to file a wrongful death lawsuit in New Hampshire?
If no action was pending when the person died, a wrongful death action may be brought within 6 years after the death, "subject to the provisions of RSA 508" (the general limitation statute).
Does New Hampshire cap damages in personal injury cases?
No general cap on damages in ordinary injury cases was found. In wrongful death cases, a surviving spouse's damages for loss of companionship are capped at $500,000 and loss of familial relationship damages at $300,000 per claimant; total wrongful death damages are capped at $50,000 only when the decedent left no spouse, child, parent or dependent relative. Claims against the state and local governments are also capped.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.