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Wrongful Death Claims in New Hampshire
Losing a loved one due to someone else's negligence or wrongful actions is heartbreaking. In New Hampshire, wrongful death claims provide a path to seek justice and compensation for surviving family members. Below are answers to some of the most common questions about these claims, based on New Hampshire law (RSA Chapter 556) and recent cases.
What is a wrongful death claim?
A wrongful death claim is a civil lawsuit filed when a person's death results from the negligent, reckless, or intentional actions of another party. It focuses on compensating survivors for their losses, unlike a criminal case, which seeks punishment.
Who can file a wrongful death claim in New Hampshire?
Only the administrator or executor of the deceased person's estate can file the claim, acting on behalf of all beneficiaries (such as spouses, children, parents, or other heirs). The estate representative is typically appointed by the probate court.
What is the statute of limitations for filing a wrongful death claim?
Claims must generally be filed within three years from the date of death. Missing this deadline can bar recovery forever. Exceptions may apply in rare cases, such as when the cause of death is discovered later, so consult an attorney promptly.
What types of damages can be recovered?
Damages include:
- Economic losses: Medical and funeral expenses, lost wages and benefits the deceased would have earned, and the value of household services.
- Non-economic losses: The deceased's pain and suffering before death, and survivors' loss of companionship, comfort, and society.
- Up to $150,000 for a surviving spouse's loss of companionship.
- Up to $50,000 per claimant for minor children or surviving parents.
Can I still recover if the deceased was partly at fault?
Yes, New Hampshire follows a modified comparative negligence rule. If the deceased was less than 50% at fault, damages may be reduced proportionally. If fault exceeds 50%, recovery may be barred.How are recent cases illustrating these laws?High-profile cases highlight systemic issues and accountability:
- Harmony Montgomery (died 2019): Her mother settled a wrongful death lawsuit against the state for $2.25 million in 2025, alleging negligence by child welfare agencies. A separate suit against the father was reinstated in late 2025.
- Elijah Lewis (died 2021): His father reached a $2.25 million settlement with the state in 2025, claiming the Division for Children, Youth, and Families (DCYF) ignored abuse reports.
What should I do if I believe I have a wrongful death claim?
Act quickly to preserve evidence and meet deadlines. Gather medical records, witness statements, and other proof of negligence. An experienced attorney can investigate liability, negotiate with insurance companies, and handle litigation if needed.
Levasseur Law NH, we guide families through these challenging cases with compassion and expertise.
Visit josephkellylevasseur.com for more information or to schedule a free consultation.
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