Losing a loved one is always devastating, but when it happens because of an accident, the pain can be even more intense. If you have lost someone dear to you in an accident in New Hampshire, you are likely struggling with grief, anger, and confusion. On top of these overwhelming emotions, you might face unexpected financial burdens. During this difficult time, it is important to understand your legal rights and options.
At Altman Nussbaum Shunnarah, we understand the challenges you are facing. We are here to help you get through the legal process and seek justice for your loved one. This guide will explain your legal options in New Hampshire if you have lost a family member due to someone else's negligence or wrongful actions.
Wrongful Death Claims in New Hampshire
When someone dies because of another person's careless, reckless, or intentional actions, the law allows the deceased person's family to seek compensation through a wrongful death claim. In New Hampshire, wrongful death claims are governed by specific laws determining who can file a claim, what damages can be recovered, and how long you must take legal action.
Who Can File a Wrongful Death Claim in New Hampshire?
In New Hampshire, the personal representative of the deceased person's estate is the only party who can file a wrongful death lawsuit. This person is usually named in the deceased's will. If there is no will, the court will appoint someone to serve as the personal representative, often a close family member. While the personal representative files the claim, they do so on behalf of the surviving family members. The damages recovered in a successful wrongful death claim are distributed to the deceased person's:
- Spouse
- Children
- Parents (if there's no surviving spouse or children)
- Other dependent family members
Time Limits for Filing a Wrongful Death Claim
It is important to know the time limits for filing a wrongful death claim in New Hampshire. Generally, you have three years from the date your loved one lost their life to file a lawsuit. However, you should know there are some exceptions to this law, so it is best to consult with a lawyer as soon as possible to ensure you do not miss any important deadlines.
Types of Accidents That Can Lead to Wrongful Death Claims
Various types of accidents can result in wrongful death claims. Some common scenarios include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Workplace accidents
- Medical malpractice
- Defective products
- Slip and fall accidents
No matter what type of accident caused your loved one's death, if it was due to someone else's negligence or wrongful actions, you may have grounds for a wrongful death claim.
Damages You Can Recover in a New Hampshire Wrongful Death Claim
In a wrongful death case, you may be able to recover various types of damages. They include:
Economic damages:
- Medical expenses related to the deceased's final injury or illness
- Funeral and burial costs
- Lost wages and benefits the deceased would have earned
- Loss of inheritance
- Value of services the deceased would have provided to the family
Non-economic damages:
- Pain and suffering experienced by the deceased before death
- Loss of companionship, guidance, and emotional support
- Mental anguish suffered by family members
It is important to note that New Hampshire does not cap damages in wrongful death cases. This means there's no upper limit on the compensation you can recover.
Proving Negligence in a Wrongful Death Case
In a wrongful death claim, you must provide evidence that the defendant was negligent and that their negligence caused your loved one's death. This involves showing four key elements:
- Duty of care: The accused person was obliged to act in a way that would not harm others.
- Duty breach: The defendant failed to meet this obligation.
- Causation: The defendant's breach of duty directly led to your loved one's death.
- Damages: You and your family suffered losses as a result of the death.
Proving these elements often requires a thorough investigation and expert testimony. This is where having an experienced wrongful death attorney can make a significant difference in your case.
Get in Touch with Us
No one should have to face the aftermath of a wrongful death alone. With the right legal support, you can seek justice for your loved one and secure your family's financial stability to move forward. Contact Altman Nussbaum Shunnarah today for legal help.