SB 462 - AS INTRODUCED
2024 SESSION
24-3015
09/08
SENATE BILL 462
AN ACT relative to removing the cap on damages for wrongful death loss of consortium claims.
SPONSORS: Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Abbas, Dist 22; Sen. Soucy, Dist 18; Rep. Kuttab, Rock. 17
COMMITTEE: Judiciary
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ANALYSIS
This bill removes the cap on damages for wrongful death loss of consortium claims.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3015
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to removing the cap on damages for wrongful death loss of consortium claims.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Probate Courts and Decedents' Estates; Suits by and Against Administrators; Damages for Wrongful Death, Elements. Amend RSA 556:12 to read as follows:
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.]
2 Effective Date. This act shall take effect January 1, 2025.