How long do I have to file a wrongful death lawsuit in New Hampshire?

Most wrongful death claims in New Hampshire must be filed within three years of the date of death. There are limited exceptions, but courts strictly enforce this deadline. If the claim is filed too late, it is usually barred permanently. Families should speak with a New Hampshire attorney promptly to avoid timing issues. This information is general only and not legal advice.

What damages are available in a New Hampshire wrongful death case?

New Hampshire allows recovery for medical expenses, funeral costs, lost earnings and financial support, and noneconomic losses such as loss of companionship, care, and guidance. Families may also recover for the decedent’s pain and suffering before death. The state does not impose a general cap on compensatory damages. However, punitive damages are not available in most wrongful death cases. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in New Hampshire?

New Hampshire law allows a broader group of people to bring a wrongful death claim than many states. The action may be filed by the executor or administrator of the estate, or by any person who has a legal interest in the estate. This can include certain family members. While this flexibility can help families move quickly, it can also create disagreement about who should take the lead. A court can resolve disputes if necessary. This answer is informational only and not legal advice.

How long do I have to file a wrongful death lawsuit in New Hampshire?

Most wrongful death claims in New Hampshire must be filed within three years of the date of death. There are limited exceptions, but courts strictly enforce this deadline. If the claim is filed too late, it is usually barred permanently. Families should speak with a New Hampshire attorney promptly to avoid timing issues. This information is general only and not legal advice.

What damages are available in a New Hampshire wrongful death case?

New Hampshire allows recovery for medical expenses, funeral costs, lost earnings and financial support, and noneconomic losses such as loss of companionship, care, and guidance. Families may also recover for the decedent’s pain and suffering before death. The state does not impose a general cap on compensatory damages. However, punitive damages are not available in most wrongful death cases. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in New Hampshire?

New Hampshire law allows a broader group of people to bring a wrongful death claim than many states. The action may be filed by the executor or administrator of the estate, or by any person who has a legal interest in the estate. This can include certain family members. While this flexibility can help families move quickly, it can also create disagreement about who should take the lead. A court can resolve disputes if necessary. This answer is informational only and not legal advice.

New Hampshire Wrongful Death Law Guide

Quick facts for New Hampshire

Who can file: A wrongful death action in New Hampshire may be brought by any person interested in the estate of the deceased, including the executor, administrator, or certain qualifying family members.

Deadline to file: Most wrongful death actions in New Hampshire must be filed within three years of the date of death.

Key statute: N.H. Rev. Stat. Ann. § 556:12

Types of compensation families may pursue

Lost financial support

Medical expenses related to the final injury

Funeral and burial expenses

Loss of companionship, guidance, and care

Pain and suffering experienced by the decedent before death

New Hampshire has no general cap on compensatory wrongful death damages. Punitive damages are generally prohibited.

New Hampshire wrongful death law: a guide for grieving families

New Hampshire’s wrongful death law is more flexible than many states, especially regarding who may bring the claim. That flexibility can be helpful when a family is trying to move forward during an overwhelming time.

Below is a clear and compassionate overview of how wrongful death claims work in New Hampshire.

1. What is “wrongful death” in New Hampshire?

A wrongful death occurs when someone’s negligence, recklessness, or wrongful act causes a person’s death, and the deceased could have sued if they had survived.

Common situations include:

Vehicle crashes
Medical negligence
Unsafe property conditions
Defective products
Third-party workplace negligence

2. Who may file the lawsuit?

New Hampshire allows any person interested in the estate, including:

The executor or administrator
Certain family members with a legal interest

This is broader than in many states, where only the personal representative may file.

3. What damages can families recover?

New Hampshire permits both economic and noneconomic damages, including:

Medical and funeral expenses
Lost earnings and financial support
Loss of companionship, guidance, and care
Pain and suffering experienced before death

There is no general cap on compensatory damages.

4. Are punitive damages allowed?

Punitive damages are generally not permitted in New Hampshire wrongful death cases.

5. Filing deadline

Most wrongful death claims must be filed:

Within three years of the date of death

Missing the deadline is usually fatal to the case.

6. Practical steps

Identify who is legally eligible to bring the claim
Gather medical records, funeral receipts, and employment information
Document the deceased’s role in the household
Speak with a New Hampshire wrongful death attorney about how damages may be evaluated

7. Disclaimer

This guide is general informational material, not legal advice.