Wrongful Death Complaint - New Hampshire

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

CIVIL ACTION – COMPLAINT FOR WRONGFUL DEATH
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)

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 physical-injury tort actions and damages for wrongful death), together with other applicable New Hampshire common and statutory law (“State Wrongful Death Law”).

1.3 Forum Selection: Venue is proper in [COUNTY] County under RSA 507:9 and 507:10 for the reasons pleaded in paragraph 3.3.

1.4 Nature of Action: Plaintiff seeks compensatory damages resulting from the wrongful death of [DECEDENT NAME] including pre-death injury damages, 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 New Hampshire Circuit Court, Probate Division, for [COUNTY] County under docket number [PROBATE DOCKET #].

“Surviving Family Claimants” – A surviving spouse or qualifying child or parent who may seek the additional relationship damages described in RSA 556:12, II or III. Distribution of the net recovery follows RSA 556:14 and applicable estate law.

“Pre-Death Injury Damages” – The Decedent’s pain and suffering and reasonable expenses occasioned to the Estate by the injury, pleaded as elements of the wrongful-death action under RSA 556:12, I.

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. RSA 502-A:14, II, permits concurrent District Division jurisdiction over qualifying damages actions through $25,000; paragraph II-a permits expansion through $50,000 at selected courts. [State the amount-in-controversy and other facts supporting this Court's jurisdiction.] [____________]

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 and 507:10 because [a party resided here when Decedent died / the Administrator was appointed here / another fact establishing venue under those sections].

4. PARTIES

4.1 Plaintiff. [PLAINTIFF NAME], of [ADDRESS], is the duly appointed [Administrator/Executor] of the Estate under the Certificate of Appointment issued by the Probate Division 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 [If applicable: the surviving spouse or qualifying child or parent has suffered a loss of the relationship described in RSA 556:12, II or III; identify each claimant and supporting facts.]

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 an action prosecuted by the Administrator, with damages measured under RSA 556:12 and net recovery distributed through the Estate under RSA 556:14.

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).

7. DAMAGES SOUGHT

7.1 Plaintiff seeks all damages statutorily authorized and supported by the evidence, including interest from the date of the writ or petition to judgment under RSA 524:1-b and interest on the judgment under RSA 336:1, II.

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 Decedent left no spouse, child, parent, or dependent relative, RSA 556:13 raises a $50,000 limitation. Plaintiff contests application of that limitation to pre-death damages under Trovato v. DeVeau, 143 N.H. 523 (1999). The trier of fact shall not be informed of any limitation under RSA 556:13; the Court shall resolve its applicability and any post-verdict reduction.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants according to each Defendant's liability under RSA 507:7-e, including joint and several liability if its conditions are met, as follows:

A. Compensatory damages under RSA 556:12, including proven pre-death injury losses and any qualifying spouse, child, or parent relationship losses;
B. Reasonable funeral and burial expenses if recoverable on the facts;
C. Pre- and post-judgment interest as allowed by law;
D. Costs of suit as taxed by the Court;
E. 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. SERVICE OF ORIGINAL PROCESS AND RETURN

After filing, use the court-provided Summons and serve it together with this Complaint by the court-ordered deadline under Superior Court Civil Rule 4(c). Service must follow RSA 510 or another authorized law. For an individual, RSA 510:2 generally requires an attested copy given to the defendant or left at the defendant's abode; use the applicable statutory method for other defendants. First-class mail or e-service on defense counsel is not a substitute for original process.

Defendant served: [NAME] Date and time: [__________] Place: [__________]

Method and person receiving service: [DESCRIBE]

Documents served: Summons and Complaint

Server: [NAME AND CONTACT INFORMATION]

Have the authorized server record the time, place, and mode of service on the process under RSA 510:2-a. File proof of service within 21 days after the court-ordered service deadline under Civil Rule 4(c).

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]