Wrongful Death Complaint - New Hampshire

STATE OF NEW HAMPSHIRE
[COUNTY] SUPERIOR COURT
Docket No.: __________

CIVIL ACTION – COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL DAMAGES
JURY TRIAL DEMANDED

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction and Venue
4. Parties
5. Statement of Facts

6. Causes of Action
   • Count I – Wrongful Death (Negligence)
   • Count II – Survival Action

7. Damages Sought

8. Prayer for Relief
9. Jury Demand
10. General Provisions & Reservation of Rights
11. Verification (Optional)
12. Certificate of Service

1. DOCUMENT HEADER

1.1 Effective Filing Date: [DATE OF FILING].

1.2 Governing Law: This action arises under and is governed by N.H. Rev. Stat. Ann. §§ 556:9 through 556:14 (survival of tort actions and damages for wrongful death) and § 556:7 (survival of the decedent's own pre-death causes of action), together with other applicable New Hampshire common and statutory law (“State Wrongful Death Law”).

1.3 Forum Selection: Pursuant to N.H. Const. pt. I, art. 14 and RSA 491:7, venue properly lies in this Court.

1.4 Nature of Action: Plaintiff seeks compensatory damages resulting from the wrongful death of [DECEDENT NAME] and the survival of attendant pre-death claims, caused by Defendants’ tortious conduct.

2. DEFINITIONS

For ease of reference and to promote consistency throughout this Complaint, the following capitalized terms shall have the meanings set forth below:

“Action” – This civil lawsuit, inclusive of all claims, defenses, amendments, and related proceedings.

“Administrator” or “Personal Representative” – The duly appointed legal representative of the Estate of Decedent, identified herein as Plaintiff.

“Decedent” – The late [DECEDENT NAME], who died on [DATE OF DEATH].

“Defendant(s)” – Collectively, [DEFENDANT ENTITY NAME(S)], including all agents, servants, employees, successors, and assigns.

“Estate” – The probate estate of the Decedent administered in the [COUNTY] County Probate Court under docket number [PROBATE DOCKET #].

“Eligible Beneficiaries” – Those persons entitled to distribution of any recovery under N.H. Rev. Stat. Ann. §§ 556:12 and 556:14, including, without limitation, the Decedent’s surviving spouse, children, and next of kin.

“Survival Damages” – Damages recoverable by the Estate for the Decedent’s conscious pain and suffering, medical expenses, and other losses accruing prior to death, pursuant to N.H. Rev. Stat. Ann. § 556:7.

3. JURISDICTION AND VENUE

3.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over the Action pursuant to RSA 491:7, which vests the Superior Court with cognizance of civil actions, real, personal, and mixed. The Superior Court and the Circuit Court District Division share concurrent jurisdiction over civil damages actions up to $25,000 under RSA 502-A:14, II; because the damages sought in this wrongful-death and survival action exceed $25,000, exclusive jurisdiction lies in this Court.

3.2 Personal Jurisdiction. Defendants are subject to personal jurisdiction in New Hampshire because they (i) reside in, are domiciled in, or maintain their principal place of business in New Hampshire; and/or (ii) committed tortious acts causing injury within this State, satisfying RSA 510:4.

3.3 Venue. Venue is proper in [COUNTY] County under RSA 507:9 because [Plaintiff / Defendant] is a New Hampshire inhabitant and resides in this county.

4. PARTIES

4.1 Plaintiff. [PLAINTIFF NAME], of [ADDRESS], is the duly appointed [Administrator/Executor] of the Estate pursuant to Letters of Administration issued on [DATE].

4.2 Decedent. [DECEDENT NAME] was a resident of [CITY/TOWN], New Hampshire, who died on [DATE OF DEATH] as a direct and proximate result of Defendants’ misconduct described herein.

4.3 Defendant [DEFENDANT 1]. [LEGAL NAME], a [corporation/LLC/individual] with a principal place of business at [ADDRESS], engaged in [nature of business/activity].

4.4 Defendant [DEFENDANT 2]. [Repeat as needed.]

4.5 Respondeat Superior & Agency. At all times relevant, Defendants’ agents and employees acted within the scope of their employment, rendering Defendants vicariously liable.

5. STATEMENT OF FACTS

5.1 On or about [DATE], Defendants [describe negligent act or omission] at/near [LOCATION].

5.2 Defendants owed Decedent a duty of reasonable care, including but not limited to [describe statutory, common-law, or regulatory duties].

5.3 Defendants breached said duty by [specific acts/omissions].

5.4 As a direct and proximate result of Defendants’ breach, Decedent sustained severe injuries leading to death on [DATE OF DEATH].

5.5 Prior to death, Decedent experienced conscious pain, suffering, and incurred medical expenses in an amount to be proven at trial.

5.6 Eligible Beneficiaries have suffered loss of consortium, companionship, guidance, and other pecuniary and non-pecuniary damages as set forth in RSA 556:12.

6. CAUSES OF ACTION

COUNT I – WRONGFUL DEATH (NEGLIGENCE)

(Against All Defendants)

6.1 Plaintiff repeats and realleges Paragraphs 1–5.6 as if fully set forth herein.

6.2 Pursuant to N.H. Rev. Stat. Ann. § 556:9 and §§ 556:11-556:14, Defendants’ negligent conduct resulting in Decedent’s death gives rise to a cause of action recoverable by the Administrator for the exclusive benefit of Eligible Beneficiaries, with damages measured under RSA 556:12.

6.3 Damages recoverable in this Count include, inter alia:
 a. Under RSA 556:12, I: the mental and physical pain suffered by Decedent, the reasonable expenses occasioned to the Estate by the injury, the probable duration of life but for the injury, and Decedent's capacity to earn money during Decedent's probable working life;
 b. Under RSA 556:12, II: for a surviving spouse, loss of the comfort, society, and companionship of Decedent, subject to a statutory cap of $500,000 (increased from $150,000 by 2024 N.H. Laws ch. 160, eff. Jan. 1, 2025) and to diminution for comparative fault under RSA 507:7-d;
 c. Under RSA 556:12, III: where Decedent was a parent of a minor child, or where Decedent was a minor child survived by a parent, loss of familial relationship (including comfort, society, affection, guidance, and companionship), subject to a statutory cap of $300,000 per individual claimant (increased from $50,000 by 2024 N.H. Laws ch. 160, eff. Jan. 1, 2025) and to diminution for comparative fault under RSA 507:7-d;
 d. Reasonable funeral and burial expenses; and
 e. Such further elements of damage as the statute and common law permit. No punitive or exemplary damages are sought herein, consistent with RSA 507:16 (Punitive Damages Outlawed absent express statutory authorization).

COUNT II – SURVIVAL ACTION

(Against All Defendants)

6.4 Plaintiff repeats and realleges Paragraphs 1–6.3.

6.5 Under N.H. Rev. Stat. Ann. § 556:7, the Estate is entitled to recover, within one year after the original grant of administration, all damages the Decedent could have pursued had death not ensued.

6.6 Survival Damages include, without limitation:
 a. Pre-death medical and hospital expenses;
 b. Conscious pain and suffering;
 c. Emotional distress; and
 d. Other economic or non-economic losses sustained before death.

7. DAMAGES SOUGHT

7.1 Plaintiff seeks all damages statutorily authorized and supported by the evidence, including prejudgment and post-judgment interest under RSA 524:1-b.

7.2 Plaintiff expressly disclaims punitive or exemplary damages to the extent barred by New Hampshire law.

7.3 The statutory damage caps set forth in RSA 556:12, II ($500,000, surviving-spouse loss of comfort, society, and companionship) and RSA 556:12, III ($300,000 per individual claimant, loss of familial relationship), both as amended by 2024 N.H. Laws ch. 160, eff. Jan. 1, 2025, apply to the corresponding categories of damages sought herein. If, and only if, Decedent is survived by no spouse, child, parent, or dependent relative, the $50,000 aggregate limitation of RSA 556:13 is implicated; Plaintiff avers that this limitation is inapplicable and/or unconstitutional as applied consistent with Trovato v. DeVeau, 143 N.H. 523 (1999). The trier of fact shall not be informed of any such limitation, consistent with RSA 556:13, and any reduction required by statute shall be applied by the Court post-verdict.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, as follows:

A. Compensatory damages on Count I for the benefit of Eligible Beneficiaries;
B. Survival Damages on Count II for the Estate;
C. Reasonable funeral and burial expenses;
D. Pre- and post-judgment interest as allowed by law;
E. Costs of suit as taxed by the Court;
F. Such other and further relief as the Court deems equitable and just.

9. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable as of right pursuant to N.H. Const. pt. I, art. 20 and Superior Court Civil Rule 8(c).

10. GENERAL PROVISIONS & RESERVATION OF RIGHTS

10.1 Plaintiff reserves the right to amend this Complaint to assert additional claims, to join additional parties, or to conform the pleadings to the evidence pursuant to Superior Court Rule 12.

10.2 Nothing herein shall be construed as a waiver of any right, remedy, or defense available to Plaintiff at law or in equity.

10.3 Plaintiff expressly preserves the right to seek injunctive or equitable relief, including spoliation remedies, should circumstances so require, while acknowledging that monetary damages are the primary remedy sought.

11. VERIFICATION (OPTIONAL)

I, [PLAINTIFF NAME], hereby verify under penalty of perjury that the facts set forth in this Complaint are true and correct to the best of my knowledge, information, and belief.

Date: __________      _________________________________
          [PLAINTIFF NAME], [Administrator/Executor]

12. CERTIFICATE OF SERVICE

I certify that on this ___ day of __________, 20__, a copy of the foregoing Complaint was served by [first-class mail/e-service/hand delivery] upon:

• [DEFENSE COUNSEL NAME & ADDRESS]
• [ADDITIONAL PARTIES]

_________________________________
[ATTORNEY NAME], Esq.
Bar No. [___]
Attorney for Plaintiff
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

SIGNATURE BLOCK

Respectfully submitted,

Date: ______________

_________________________________
[ATTORNEY NAME], Esq. (NH Bar #____)
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], NH [ZIP]
Tel: [PHONE]
Fax: [FAX]
Email: [EMAIL]

Counsel for Plaintiff,
[PLAINTIFF NAME], as [Administrator/Executor] of the Estate of [DECEDENT NAME]