New Hampshire
New Hampshire lawmakers pursued problematic legislation in 2024, landing it among some of the worst state legislative bodies in the country who are responsible for expanding liability in their states.
S.B. 462: Sponsored by Sen. Sharon Carson (R)
2024 Legislative Session Adjourned:
June 28, 2024
Economic Impacts
of excessive tort costs
in New Hampshire annually
Tort Tax
$1,505
Per Person
19,185
jobs
lost
$2,099.9
Million
GDP Loss
10
14
SENATE
197
200
HOUSE
Expanding Liability in Wrongful Death Cases
S.B. 462 was signed into law by
Gov. Chris Sununu (R) on July 3, 2024.
S.B. 462, now law, introduces significant changes to New Hampshire's wrongful death compensation system and expands liability in the state.
Increased Damage Limits
The law substantially raises the limits on noneconomic damages for loss of consortium claims in wrongful death suits. For spouses, the limit increased from $150,000 to $500,000, and for children, from $50,000 to $300,000 per child.
Broader Compensation Scope
New Hampshire already allows more comprehensive damages in wrongful death cases compared to many states, including recovery for the decedent's pain and suffering and loss of enjoyment of life, without limits.
Prime Sponsor:
Sen. Sharon Carson (R)
Co-Sponsored by
Sen. Regina Birdsell (R)
Co-Sponsored by
Sen. Daryl Abbas (R)
Co-Sponsored by
Sen. Donna Soucy (D)
Co-Sponsored by
Rep. Katelyn Kuttab (R)
Potential for Excessive Awards
The changes could lead to duplicative and potentially excessive awards for emotional harm, potentially undermining the compensatory purpose of the civil justice system.
Lack of Demonstrated Need
There is no evidence suggesting current settlements or judgments in wrongful death cases in New Hampshire are inadequate.
This new law is a significant expansion of liability that could have far-reaching economic consequences for New Hampshire residents and businesses, without a clear justification for such changes.
The increased liability exposure resulting from this bill likely will lead to higher insurance premiums for New Hampshire drivers, homeowners, healthcare providers and businesses.