The New Hampshire Wrongful Death Statute can be found in RSA 556:12. Pursuant to the Act, the elements for damages for wrongful death are the following:
I. If the administrator of the deceased party is the 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 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 a 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[i].
However, no parent shall receive any portion of an award of damages or an out-of-court settlement resulting from any claim or action for wrongful death on behalf of such parent’s dependent child, until such parent has paid in full any child support arrearages owed, if such parent:
– was convicted of nonsupport of such child under RSA 639:4;
– failed to comply with a legal order for support of such child under RSA 161-B; or
– was otherwise ordered to pay support for such child by a court or administrative agency in this state or another state, and failed to comply with such order[ii].
[i] RSA 556:12
[ii] RSA 508:20