Lawmakers vote to raise cap on damages in wrongful death cases
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May 10—CONCORD — New Hampshire would more than triple the court-awarded damages that surviving spouses and their children could receive for loss of companionship under legislation on its way to the desk of Gov. Chris Sununu.
Despite the opposition of Insurance Commissioner D.J. Bettencourt, the insurance industry and the New Hampshire Hospital Association, the House of Representatives endorsed the Senate-passed bill (SB 462) on a division or unrecorded vote, 191-174.
New Hampshire's limits on awards in wrongful death cases for loss of companionship have remained unchanged for 25 years — $150,000 for a spouse and up to $50,000 for each child.
This legislation would raise those caps to $500,000 for a spouse and $300,000 for each dependent.
Maine has a wrongful death damages cap of $1 million; all other New England states have no limit on damages that can be awarded by a jury.
"Let's be respectful to the families who find themselves in this awful situation," said Rep. Marjorie Smith, D-Durham.
Trial lawyers cited the case of Carol Martin, a 20-year Navy veteran, whose husband, Gary, got $150,000 in a wrongful death claim against the U.S. Department of Veterans Affairs after she died in 2007 from a fentanyl overdose given to treat her back pain.
House Commerce Committee Chairman John Hunt, R-Rindge, warned that passing such a law could be disastrous in an insurance market that already is challenging and expensive for business owners.
"I guarantee you everyone who has an insurance policy will see an increase. Any business that has a vehicle or heavy equipment is going to see a whopper of an increase," Hunt said.
Critics push for more study
Rep. Kristine Perez, R-Londonderry, dismissed such fears, saying insurance companies are making record profits.
"I work for the people. I do not work for insurance companies," Perez said.
Bill advocates said that raising these caps in other states has not led to significant insurance premium increases.
"What happens when these arbitrary caps are removed? The answer is nothing," said Rep. Ben Ming, D-Hollis, a candidate for Senate this fall.
House Judiciary Committee Chairman Robert Lynn, R-Windham, argued the insurance department should commission an actuarial study to determine the impact this change would have on rates.
"This bill is just not ready for prime time," Lynn said.
The New Hampshire Association of Counties also came out against the legislation.
Supporters said damages for loss of companionship can be the only award available if, for example, the victim was a homemaker who was not working when they died.
The only other caps on damage recovery in New Hampshire law are a $475,000 cap on damages brought against the state or cities and towns and a maximum $1 million limit on damages from the volunteer of a nonprofit organization.
Sununu has taken no public position on the legislation.
If Sununu vetoed the bill, that decision would likely be upheld in the House.
