SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE
[COUNTY] COUNTY
**[PLAINTIFF NAME], in the capacity of [Administrator/Executor/Personal Representative] of the Estate of [DECEDENT NAME],
Plaintiff,**
v.
**[DEFENDANT NAME(S)],
Defendant(s).**
Docket No.: ____
Civil Action – COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL DAMAGES
JURY TRIAL DEMANDED
[// GUIDANCE: Insert court-assigned docket number once available.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction and Venue
- Parties
- Statement of Facts
- Causes of Action
• Count I – Wrongful Death (Negligence)
• Count II – Survival Action - Damages Sought
- Prayer for Relief
- Jury Demand
- General Provisions & Reservation of Rights
- Verification (Optional)
- 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. §§ 556:12 & 556:7 and 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, 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.
[// GUIDANCE: Add or delete defined terms as needed for case-specific facts.]
3. JURISDICTION AND VENUE
3.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over the Action pursuant to RSA 491:7, as the amount in controversy exceeds $1,500 and the claims arise under New Hampshire law.
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 the cause of action arose in this county and/or Defendants reside or do business herein.
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.
[// GUIDANCE: Expand factual averments to satisfy Rule 8(a) pleading standard and any heightened specificity required for particular claims.]
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. § 556:12 (2023), 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.
6.3 Damages recoverable in this Count include, inter alia:
a. Loss of probable earnings;
b. Loss of companionship, society, and consortium suffered by Eligible Beneficiaries;
c. Reasonable funeral and burial expenses; and
d. Such further elements of damage as the statute and common law permit, subject to any statutory limitations on punitive damages (which are not sought herein consistent with N.H. law).
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 (2023), the Estate is entitled to recover 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 Any applicable statutory damage caps or limitations shall be addressed at trial or post-verdict in accordance with the Court’s instructions.
[// GUIDANCE: Insert specific damage amounts when known; otherwise state “in an amount to be determined at trial.”]
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 and such reasonable attorney fees as the Court deems just (see RSA 556:14);
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 Rule 8 of the New Hampshire Superior Court Civil Rules.
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]
[// GUIDANCE: Verification is not mandatory under NH practice but may strengthen the pleading.]
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]
[// GUIDANCE:
1. Confirm compliance with NH Superior Court Civil Rules for caption formatting, page limits, and filing fees.
2. Attach civil case cover sheet (NHJB-21) upon filing.
3. Confirm probate appointment documentation is on file or attach as Exhibit A.
4. Evaluate potential comparative fault defenses (RSA 507:7-d) and plead accordingly if anticipating apportionment issues.
5. Statute of limitations for wrongful death in NH is generally three years (RSA 508:4); verify timeliness before filing.]