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Wrongful Death in New Hampshire: Laws, Procedures, Statute of Limitations & Probate Considerations

Posted by Joseph Kelly Levasseur | Mar 20, 2026 | 0 Comments

Wrongful Death in New Hampshire: Laws, Procedures, Statute of Limitations & Probate Considerations
 
 
Losing a loved one due to someone else's negligence or wrongful act is devastating. In New Hampshire, surviving family members may seek justice and compensation through a wrongful death claim. These civil actions are governed primarily by RSA Chapter 556 and allow the decedent's estate to recover damages on behalf of beneficiaries.
 
Attorney Joseph Kelly Levasseur helps families throughout New Hampshire navigate these complex cases with compassion and skill. This guide explains key elements of wrongful death claims in NH, including qualifying cases, filing procedures, deadlines, available damages, and critical probate issues.
 
What Constitutes Wrongful Death in New Hampshire?
 
A wrongful death occurs when a person's death results from the wrongful act, neglect, or default of another. Claims typically arise from negligence, recklessness, or intentional misconduct. Common types of cases include:
  • Motor vehicle accidents (cars, trucks, motorcycles, or pedestrians)
  • Medical malpractice (surgical errors, misdiagnosis, medication mistakes)
  • Premises liability (slip-and-falls, unsafe property conditions)
  • Defective products
  • Workplace accidents
  • Nursing home neglect or abuse
If another party's carelessness or misconduct caused the fatal injury, a claim may be viable. Unlike criminal proceedings, a wrongful death action focuses on civil compensation for the family left behind.Who Can File and the Filing ProcedureNew Hampshire law is unique: RSA 556:19 allows “any person interested in the estate” to begin the action. In practice, the executor (if a will exists) or court-appointed administrator files the lawsuit in Superior Court on behalf of the estate.
 
 
Typical steps:
  1. Petition the Probate Division of the Circuit Court to open the estate (if not already done) and appoint an administrator.
  2. Investigate the cause of death, gather evidence (police reports, medical records, expert opinions).
  3. File the complaint in Superior Court.
The claim is brought in the name of the estate, and any recovery becomes an estate asset.Statute of Limitations for Wrongful Death ClaimsTime is critical. Under RSA 508:4, personal actions—including wrongful death—must generally be brought within three years of the date of death (or discovery in some cases). RSA 556:11 further provides that an action may be brought within six years after death, subject to the provisions of RSA 508.
 
 
Certain claims (e.g., against governmental entities) have shorter notice requirements. Missing the deadline can permanently bar recovery. Contact an experienced attorney immediately to protect your rights.
 
Damages Available in Wrongful Death Cases (RSA 556:12)  Damages compensate the estate and beneficiaries. 
 
Recoverable elements include:
  • The decedent's pre-death pain and suffering, medical expenses, and lost earning capacity
  • Reasonable funeral and burial expenses
  • For a surviving spouse: loss of comfort, society, and companionship (capped at $500,000 as of the 2025 update)
  • For minor children (or parents of a minor decedent): loss of familial relationship, including affection, guidance, and companionship (capped at $300,000 per individual claimant)
Damages are subject to comparative fault reduction under RSA 507:7-d. Full statute text: RSA 556:12 – Damages for Wrongful Death. Additional details on distribution appear in RSA 556:14.
 
Important Probate Issues When a Wrongful Death Occurs
 
Probate court involvement is mandatory and often overlooked.
 
Key considerations:
  • An estate must be formally administered through the Probate Division to appoint the proper plaintiff (administrator or executor).
  • Wrongful death proceeds become part of the estate and are distributed according to the will or intestacy laws after expenses and creditor claims.
  • If beneficiaries include minors or incapacitated persons, court approval of distributions may be required.
  • Family disputes over who serves as administrator or how funds are allocated can delay the case.
  • Creditors of the decedent's estate may assert claims against the recovery.
Failing to properly open and administer the estate can jeopardize the entire wrongful death claim. An experienced attorney coordinates both the probate proceedings and the civil lawsuit to maximize efficiency and recovery.
 
Contact Levasseur Law for Experienced Representation
 
If you have lost a loved one due to another's negligence in New Hampshire, don't navigate this alone. Attorney Joseph Kelly Levasseur combines personal injury expertise with probate knowledge to fight for full compensation while handling all estate requirements.Visit josephkellylevasseur.com or follow
@levasseurlaw on X
 
Schedule a confidential consultation today—time matters. 603-622-7575

About the Author

Joseph Kelly Levasseur
Joseph Kelly Levasseur

Whether you are facing DWI or sustained a serious injury caused by a negligent party in Manchester, New Hampshire, a knowledgeable and skilled attorney can help you obtain the most favorable outcome in your case. I am attorney Joseph Kelly Levasseur. I have 22 years of legal experience successfully helping my clients avoid serious criminal penalties and maximize their entitled compensation. I work aggressively to protect the rights of my clients and get them the compensation they deserve.

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