States With Caps on Wrongful Death Damages

By the FigureMyTax Editorial Team · How we calculate

New Hampshire is unusual in capping specific wrongful death items rather than the whole claim.

What is capped

Under RSA 556:12, the surviving spouse's loss of comfort, society and companionship and the loss of familial relationship of minor children and parents of a minor decedent are capped. The estate's claim for the decedent's pain, expenses and lost earning capacity is not.

The 2025 increase

For 25 years the limits were $150,000 for a spouse and $50,000 for each child. Senate Bill 462, signed July 3, 2024 and effective January 1, 2025, raised them to $500,000 for a spouse and $300,000 per claimant. The original bill would have removed the cap altogether.

How New England compares

Reports at the time of the vote said the other New England states had no cap on wrongful death damages except Maine, which limits loss of a spouse at $1 million.

Not capped

Economic damages and the estate's claim are uncapped, and neither are damages in ordinary injury cases.

Government defendants

Claims against a state agency are limited to $475,000 per claimant and $3,750,000 per incident.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Hampshire's rules apply to your specific case with a licensed New Hampshire attorney.