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A basic introduction to wrongful death claims in New Hampshire

On Behalf of | Feb 6, 2020 | Wrongful Death |

Like all other states in the United States of America, New Hampshire has laws in place that allow for individuals to seek compensation when another person causes them harm, injury or financial loss. Wrongful death claims are a specific kind of personal injury lawsuit.

A wrongful death claim allows surviving family members to bring a lawsuit in the event that an individual or business causes the death of another person through wrongful actions, neglect or failure to act. The better you understand the basic tenants of the wrongful death statute in New Hampshire, the easier it will be to determine whether you have grounds to bring a claim under state law.

When does a death become a wrongful death?

The easiest way to determine if you have grounds for a wrongful death lawsuit is to explore whether or not your loved one could have filed a personal injury claim for the incident if they had survived. Generally speaking, if liability, neglect, reckless actions or intentional wrongful acts lead to the death, the situation could lead to a wrongful death claim.

Who can file a wrongful death suit in New Hampshire?

Compared with many other states that limit such lawsuits only to spouses, children and other familial dependents, New Hampshire has relatively broad wrongful death laws. The existing statute allows anyone who has an interest in the estate of the deceased to bring a claim against the party responsible for their death. That could mean that friends, distant relatives and others typically not protected by wrongful death laws in other states have rights in New Hampshire.

How soon does someone need to file a claim?

There is a statute of limitations that applies to any wrongful death claim in New Hampshire. The individuals taking action against the person or company responsible for the death of their loved one must do so within six years of the date of that death.

What damages can you seek in a wrongful death claim?

Every state has its own rules about what kinds of compensation people can speak through wrongful death claims. New Hampshire allows people to seek compensation for a number of different financial losses associated with the death.

These recoverable losses include medical expenses incurred by the deceased due to their injuries, any pain and suffering your deceased loved one experience prior to death, the cost of their funeral and burial, the income and benefits your loved one would have provided if they survived, and even the loss of future benefits such as pensions and retirement contributions.

Additionally, it is possible to seek compensation for your loss of the love, support, care and guidance of your loved one and any anticipated increase in inheritance lost due to an early, preventable death.