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Filing a New Hampshire Wrongful Death Claim Following a Fatal Accident

May 20, 2021

There are few experiences as harrowing as losing a loved one to a preventable accident. When this occurs, the accident victim’s family may be able to recover damages against the negligent party. This includes individuals, businesses, and even government entities. New Hampshire’s wrongful death statute governs situations when death results from another’s careless, negligent or wrongful act. Wrongful death claims are similar to personal injury claims, except they are filed on behalf of the deceased person. These claims can proceed regardless of whether there are any criminal charges brought against the negligent party.

Wrongful death lawsuits often stem from motor vehicle accidents, incidents of medical, and other situations where someone’s negligence causes another’s injury. For instance, recently, a new source described the tragic death of a 15-year-old girl in a New Hampshire car accident. The girl was a passenger in a Toyota whose 17-year-old driver lost control and crossed into oncoming traffic. An oncoming vehicle struck the Toyota, and the girl was taken to the hospital with life-threatening injuries. The 17-year-old was taken to the hospital with serious injuries, and the 15-year-old girl later died at the hospital.

An accident victim’s living relatives or beneficiaries may be able to file a wrongful death claim. However, under New Hampshire’s wrongful death statute § 556.19, anyone with a legal interest in the victim’s estate may file a claim. Nevertheless, parties must abide by the state’s statute of limitations to ensure that the court will hear their claim. Generally, New Hampshire wrongful death cases must be filed within three years from the date of death. However, it is essential that claimants contact an attorney as soon as possible. These cases often require an in-depth investigation and analysis to ensure that the claimants recover what they deserve.

After a wrongful death plaintiff establishes liability, the court will award damages. Wrongful death damages typically encompass physical, emotional, and financial damages. Courts will look to various factors in determining appropriate damages. This includes:

  • Any pain and suffering the victim endured because of the incident;
  • Funeral and burial expenses;
  • Loss of life and support the decedent would have provided;
  • The emotional distress of the claimant; and
  • Punitive damages.

These cases require a comprehensive understanding of complex civil statutory and procedural rules. It is important that potential plaintiffs contact an attorney to discuss their rights and remedies after the wrongful death of their loved one.

Have You Suffered Injuries or Damages Because of Another’s Negligence?

If you or someone you love has suffered injuries or losses because of the negligence of another, contact Peter Thompson & Associates for assistance. The dedicated New Hampshire wrongful death attorneys at our law firm provide clients with respect, compassion, and fierce advocacy on their behalf. We understand and appreciate the toll that accidents can have on a person individually and on their family. We handle New Hampshire accident cases stemming from motor vehicle collisions, premises liability, defective products, medical negligence, and more. Contact our legal team at 1-800-804-2004 to schedule a free and confidential consultation with a lawyer.