New Hampshire SB 462: relative to raising the cap on damages for wrongful death loss of consortium claims.
Status: Signed by the Governor on 07/03/2024; Chapter 0160; Effective 01/01/2025 (as of 2024-07-10)
State: New Hampshire · Session: 2024 · Bill: SB 462
Sponsors: Sharon M. Carson, Daryl Abbas, Donna M. Soucy, Katelyn Kuttab, Regina Birdsell
Bill Text
SB 462 - VERSION ADOPTED BY BOTH BODIES 04/05/2024 1112s 2024 SESSION 24-3015 09/08 SENATE BILL 462 AN ACT relative to raising the cap on damages for wrongful death loss of consortium claims. SPONSORS: Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Abbas, Dist 22; Sen. Soucy, Dist 18; Rep. Kuttab, Rock. 17 COMMITTEE: Judiciary ----------------------------------------------------------------- AMENDED ANALYSIS This bill raises the cap on damages for wrongful death loss of consortium claims. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 04/05/2024 1112s 24-3015 09/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to raising the cap on damages for wrongful death loss of consortium claims. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Probate Courts and Decedents' Estates; Suits by and Against Administrators; Damages for Wrongful Death, Elements. Amend RSA 556:12 to read as follows: 556:12 Damages for Wrongful Death, Elements. I. If the administrator of the deceased party is plaintiff, and the death of such party was caused by the injury complained of in the action, the mental and physical pain suffered by the deceased in consequence of the injury, the reasonable expenses occasioned to the estate by the injury, the probable duration of life but for the injury, and the capacity to earn money during the deceased party's probable working life, may be considered as elements of damage in connection with other elements allowed by law, in the same manner as if the deceased had survived. II. In addition, the trier of fact may award damages to a surviving spouse of the decedent for the loss of the comfort, society, and companionship of the deceased; however, where fault on the part of the decedent or the surviving spouse is found to have caused, in whole or in part, the loss complained of, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d. In no event shall damages awarded under this paragraph exceed [$150,000] $500,000. III. In addition, where the decedent is a parent of a minor child or children, the trier of fact may award damages to such child or children for the loss of familial relationship, whether caused intentionally or by negligent interference; where the decedent is a minor child with a surviving parent or parents, the trier of fact may award damages to such parent or parents for the loss of familial relationship, whether caused intentionally or by negligent interference. However, where fault on the part of the decedent or the claimant is found to have caused, in whole or in part, the loss complained of, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d. For purposes of this paragraph, loss of familial relationship shall include the loss of the comfort, society, affection, guidance, and companionship of the deceased. In no event shall damages awarded under this paragraph exceed [$50,000] $300,000 per individual claimant. 2 Effective Date. This act shall take effect January 1, 2025. LBA 24-3015 4/18/24 SB 462- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2024-1112s) AN ACT relative to raising the cap on damages for wrongful death loss of consortium claims. FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None Estimated State Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 Revenue $0 Indeterminable Increase Indeterminable Increase Indeterminable Increase Revenue Fund(s) General Fund Insurance Premium Tax Expenditures $0 Indeterminable Increase Indeterminable Increase Indeterminable Increase Funding Source(s) General Fund and Various Agency Funds Appropriations $0 $0 $0 $0 Funding Source(s) None • Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] No Estimated Political Subdivision Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 County Revenue $0 $0 $0 $0 County Expenditures $0 Indeterminable Increase Indeterminable Increase Indeterminable Increase Local Revenue $0 $0 $0 $0 Local Expenditures $0 Indeterminable Increase Indeterminable Increase Indeterminable Increase METHODOLOGY: This bill raises the cap on damages for wrongful death loss of consortium claims. The Insurance Department indicates this bill, as amended by the Senate, would potentially impact any individual or business entity (profit or non-profit) that
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