An uncapped estate claim and capped family claims
Under RSA 556:12, when the administrator sues, the mental and physical pain the deceased suffered, the reasonable expenses to the estate, the probable duration of life, and the capacity to earn money during the probable working life are elements of damage, in the same manner as if the deceased had survived. That claim is not capped.
The statute then adds capped claims for the family. Senate Bill 462, signed July 3, 2024 and effective January 1, 2025, raised the spouse's cap to $500,000 and the per-claimant familial-relationship cap to $300,000, and made both subject to comparative-fault diminution.