Understanding Wrongful Death Claims in New Hampshire
Losing a loved one is one of life's most devastating experiences, especially when their death results from someone else's negligence or wrongful actions. In New Hampshire, families have the right to seek justice through a wrongful death claim. As a New Hampshire attorney dedicated to helping families navigate these difficult times, I want to provide a clear overview of wrongful death laws in our state, along with insights from recent cases.
This guide aims to empower you with knowledge, but remember, every situation is unique—consulting a qualified lawyer is essential.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person's death is caused by the negligent, reckless, or intentional actions of another party. Unlike criminal charges, which the state pursues for punishment, wrongful death suits focus on compensating the surviving family members for their losses. Common causes include car accidents, medical malpractice, workplace incidents, defective products, and even criminal acts like assault. In New Hampshire, these claims are governed by Revised Statutes Annotated (RSA) Chapter 556. The law allows the deceased person's estate to recover damages, ensuring that dependents and heirs aren't left bearing the full financial and emotional burden.
Who Can File a Wrongful Death Claim in NH?
Only the legal representative of the deceased's estate can file a wrongful death lawsuit. This is typically the executor named in the will or an administrator appointed by the probate court if there's no will. The representative acts on behalf of all heirs or beneficiaries, such as spouses, children, or parents. Importantly, the claim benefits the survivors. For example, a surviving spouse may recover for loss of companionship, while children could claim for the loss of parental guidance. If the deceased had no immediate family, other relatives might qualify under intestacy laws.
Statute of Limitations:
Act Quickly Time is critical in wrongful death cases. New Hampshire's statute of limitations requires that claims be filed within three years from the date of death. There are exceptions, such as the "discovery rule" for cases where the cause of death isn't immediately apparent (e.g., delayed diagnosis of medical negligence), but these are rare. Missing this deadline usually means losing the right to sue forever. That's why it's vital to contact an attorney as soon as possible to preserve evidence and build a strong case.Types of Damages AvailableWrongful death damages in New Hampshire are designed to compensate for both economic and non-economic losses. Under RSA 556:12, key elements include:
- Economic Damages: These cover tangible losses like medical and funeral expenses, lost wages and benefits the deceased would have earned, and the value of household services they provided.
- Non-Economic Damages: These address intangible harms, such as the mental and physical pain suffered by the deceased before death, and the survivors' loss of companionship, comfort, and society.
- Loss of comfort and companionship for a surviving spouse: Up to $150,000.00
- Loss of familial relationship for minor children or surviving parents: Up to $50,000 per claimant.
Recent Wrongful Death Cases in New Hampshire
To illustrate how these laws play out, let's look at a couple of high-profile cases that highlight the importance of accountability, especially in child welfare. One tragic example is the case of Harmony Montgomery, a 5-year-old girl who was beaten to death by her father, Adam Montgomery, in 2019. Adam was convicted of murder, but the story didn't end there. Harmony's mother, Crystal Sorey, filed wrongful death lawsuits alleging negligence by state child welfare agencies for failing to protect the child despite warning signs. In May 2025, the state settled with Sorey for $2.25 million, acknowledging systemic failures. A separate suit against Adam was initially dismissed for procedural reasons but reinstated in October 2025. This case underscores how wrongful death claims can hold not just individuals but also government entities responsible.
Similarly, the family of Elijah Lewis, a young boy killed by his mother in 2021, reached a $2.25 million settlement with the state in 2025. The lawsuit claimed the Division for Children, Youth, and Families (DCYF) ignored reports of abuse, leading to the child's death. These settlements reflect a pattern where families seek justice for preventable tragedies involving vulnerable children.Beyond child welfare, wrongful death claims arise in other contexts. For instance, a 2025 medical malpractice settlement of $1 million was awarded for a radiology misread that delayed cancer treatment, resulting in death. Auto accident cases have also yielded significant recoveries, such as a $6 million settlement for a fatal crash. These examples show that while no amount of money can replace a loved one, compensation can provide financial stability and a sense of closure.
Navigating the Legal Process
Filing a wrongful death claim involves gathering evidence, such as medical records, witness statements, and expert testimony to prove negligence and quantify damages. The process can be complex, often requiring negotiation with insurance companies or litigation in court.If you're dealing with the aftermath of a wrongful death in New Hampshire, don't go it alone.
At Joseph Kelly Levasseur Law, we specialize in personal injury and wrongful death cases, helping families secure the compensation they deserve. Visit josephkellylevasseur.com to learn more or schedule a free consultation. Remember, justice starts with taking that first step.
Call Attorney Levasseur at 603-622-7575 for a Free Consult!