N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title lvi / Chapter 556
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 556:12 (2026)

Damages for Wrongful Death, Elements

✓ current as of May 2026
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[RSA 556:12 effective until January 1, 2025; see also RSA 556:12 set out below.]
    556:12 Damages for Wrongful Death, Elements. –
I. If the administrator of the deceased party is plaintiff, and the death of such party was caused by the injury complained of in the action, the mental and physical pain suffered by the deceased in consequence of the injury, the reasonable expenses occasioned to the estate by the injury, the probable duration of life but for the injury, and the capacity to earn money during the deceased party's probable working life, may be considered as elements of damage in connection with other elements allowed by law, in the same manner as if the deceased had survived.
II. In addition, the trier of fact may award damages to a surviving spouse of the decedent for the loss of the comfort, society, and companionship of the deceased; however, where fault on the part of the decedent or the surviving spouse is found to have caused, in whole or in part, the loss complained of, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d. In no event shall damages awarded under this paragraph exceed $150,000.
III. In addition, where the decedent is a parent of a minor child or children, the trier of fact may award damages to such child or children for the loss of familial relationship, whether caused intentionally or by negligent interference; where the decedent is a minor child with a surviving parent or parents, the trier of fact may award damages to such parent or parents for the loss of familial relationship, whether caused intentionally or by negligent interference. However, where fault on the part of the decedent or the claimant is found to have caused, in whole or in part, the loss complained of, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d. For purposes of this paragraph, loss of familial relationship shall include the loss of the comfort, society, affection, guidance, and companionship of the deceased. In no event shall damages awarded under this paragraph exceed $50,000 per individual claimant.
[RSA 556:12 effective January 1, 2025; see also RSA 556:12 above.]
    556:12 Damages for Wrongful Death, Elements. –
I. If the administrator of the deceased party is plaintiff, and the death of such party was caused by the injury complained of in the action, the mental and physical pain suffered by the deceased in consequence of the injury, the reasonable expenses occasioned to the estate by the injury, the probable duration of life but for the injury, and the capacity to earn money during the deceased party's probable working life, may be considered as elements of damage in connection with other elements allowed by law, in the same manner as if the deceased had survived.
II. In addition, the trier of fact may award damages to a surviving spouse of the decedent for the loss of the comfort, society, and companionship of the deceased; however, where fault on the part of the decedent or the surviving spouse is found to have caused, in whole or in part, the loss complained of, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d. In no event shall damages awarded under this paragraph exceed $500,000.
III. In addition, where the decedent is a parent of a minor child or children, the trier of fact may award damages to such child or children for the loss of familial relationship, whether caused intentionally or by negligent interference; where the decedent is a minor child with a surviving parent or parents, the trier of fact may award damages to such parent or parents for the loss of familial relationship, whether caused intentionally or by negligent interference. However, where fault on the part of the decedent or the claimant is found to have caused, in whole or in part, the loss complained of, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d. For purposes of this paragraph, loss of familial relationship shall include the loss of the comfort, society, affection, guidance, and companionship of the deceased. In no event shall damages awarded under this paragraph exceed $300,000 per individual claimant.

Source. 1887, 71:1. PS 191:12. PL 302:12. RL 355:12. RSA 556:12. 1971, 490:1. 1997, 260:1. 1998, 348:1, eff. Jan. 1, 1999. 2024, 160:1, eff. Jan. 1, 2025.

Notes of Decisions
Cited in 50 cases, 1964–2020 · leading case: Marcotte v. Timberlane/Hampstead Sch. Dist., 733 A.2d 394 (N.H. 1999).
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Marcotte v. Timberlane/Hampstead Sch. Dist., 733 A.2d 394 (N.H. 1999). · cites it 22× “Following trial of a wrongful death action, see RSA 556:12 (1,997) (amended 1997, 1998), the jury awarded $925,000 to the plaintiff, Robert Marcotte as administrator of the estate of Nicholas Marcotte.”
Est. of Heiser v. Islamic Repub. of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006). · cites it 4× “” N.H.Rev.Stat. Ann. § 556:12. The damages wrongful death plaintiffs may seek include “the mental and physical pain suffered by the decedent in consequence of the injury, the reasonable expenses occasioned to the estate by the injury, the probable duration of life but for the…”
Guilfoy v. United Servs. Auto. Ass'n, 898 A.2d 502 (N.H. 2006). · cites it 12× “They also sought statutory damages in their individual capacities for loss of familial relationship under RSA 556:12, III (Supp. 2005). When the respondent denied coverage for the petitioners’ individual claims, they brought a declaratory judgment action to determine whether…”
Siciliano v. Capitol City Shows, Inc., 475 A.2d 19 (N.H. 1984). · cites it 3× “RSA 556:12. Damages are not assessed based on the loss suffered by surviving relatives.”
Wallace v. Wallace, 421 A.2d 134 (N.H. 1980). · cites it 4× “The plaintiff asserts that because both nonviable and viable fetuses have causes of action following live birth for injuries prior thereto, there should be no distinction based on viability governing the applicability of RSA 556:12 in cases where the child is stillborn and thus…”
Aumand v. Dartmouth Hitchcock Med. Ctr., 611 F. Supp. 2d 78 (D.N.H. 2009). · cites it 2× “New Hampshire law allows recovery under the wrongful death statute, RSA 556:12, I, “for any conscious pain and suffering endured by the decedent in anticipation of the fatal accident,” including “pre-accident fright.”
Park v. Rockwell Int'l Corp., 436 A.2d 1136 (N.H. 1981). · cites it 3× “This appeal involves a wrongful death action (RSA 556:12) brought by the administrator of a deceased employee’s estate against the employer.”
Thibeault v. Campbell, 622 A.2d 212 (N.H. 1993). · cites it 4× “The second question for our consideration is whether a decedent’s estate may recover damages under the New Hampshire wrongful death statute, RSA 556:12, for any conscious pain and suffering endured by the decedent in anticipation of the fatal accident.”
Trovato v. Deveau, 736 A.2d 1212 (N.H. 1999). · cites it 4× “” The phrase “in such an action” refers to the type of action described in the preceding section, RSA 556:12, which prescribes the damages available where “the death of [the deceased] party was caused by the injury complained of in the action.”
Kelley v. Volkswagenwerk Aktiengesellschaft, 268 A.2d 837 (N.H. 1970). · cites it 7× “At common law, tort actions, whether pending or not, did not survive either the plaintiff or the defendant.”
Cheever v. S. New Hampshire Reg'l Med. Ctr., 688 A.2d 565 (N.H. 1997). · cites it 3× “See RSA 556:12 (1974). The defendants filed separate motions to dismiss, arguing that the action was time-barred because RSA 556:11 (Supp.”
In re Est. of Infant Fontaine, 519 A.2d 227 (N.H. 1986). · cites it 4× “House Bill 149, An Act To Repeal The Dollar Limitation On Recovery In Wrongful Death Actions, 1971, was introduced to amend RSA 556:13, and was revised to amend RSA 556:12 and :14 also. Its sponsor, Repre *699 sentative David Bradley, explained the amendment: “The bill changes…”
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N.H. Rev. Stat. Ann. § 556:12(1): 1 case
Est. of Heiser v. Islamic Repub. of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006). “” N.H.Rev.Stat. Ann. § 556:12. The damages wrongful death plaintiffs may seek include “the mental and physical pain suffered by the decedent in consequence of the injury, the reasonable expenses occasioned to the estate by the injury, the probable duration of life but for the…”
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