Best Wrongful Death Lawyers in New Hampshire

About Wrongful Death Law in New Hampshire, United States

Wrongful death law in New Hampshire allows certain loved ones to seek compensation when a person dies due to the negligent or wrongful actions of another party. This area of law aims to provide financial relief for families and dependents who incur losses resulting from a death, such as loss of companionship, lost income, and funeral expenses. Wrongful death claims are civil lawsuits that exist separate from any criminal proceedings that may also relate to the death.

Why You May Need a Lawyer

Families facing the loss of a loved one are often left with emotional trauma and unexpected financial stress. A wrongful death attorney can help protect your rights in the following situations:

• The death resulted from a car accident, workplace incident, medical malpractice, or defective product.
• The liable party or their insurance company denies responsibility or offers insufficient compensation.
• You are unsure who can file a wrongful death claim or how to begin the process.
• Managing legal deadlines and procedural rules seems overwhelming during a difficult time.
• You suspect someone’s actions or negligence caused a loved one’s death but need help proving it.

Legal counsel can investigate the circumstances, gather necessary evidence, calculate damages, and advocate for you during negotiations or in court.

Local Laws Overview

New Hampshire’s wrongful death laws are outlined in the New Hampshire Revised Statutes Annotated (RSA) 556. Key points include:

• A wrongful death is when a death is caused by another’s wrongful act, neglect, or default.
• Any person or corporation responsible for the wrongful conduct may be held liable.
• The wrongful death claim is usually filed by the administrator or executor of the deceased’s estate, seeking damages for beneficiaries such as spouses, children, or parents.
• Damages can include lost wages and benefits, medical and funeral expenses, loss of companionship, and in certain cases, enhanced compensatory damages for malicious or reckless conduct.
• There is generally a three-year statute of limitations from the date of death to file a wrongful death claim.
• New Hampshire does not cap most wrongful death damages, but there are some limitations in specific cases.

Frequently Asked Questions

What qualifies as a wrongful death in New Hampshire?

A wrongful death occurs when someone dies due to the negligent, reckless, or intentional actions of another person or entity. Common examples include fatal car crashes, medical malpractice, workplace accidents, or unsafe premises.

Who can file a wrongful death lawsuit in New Hampshire?

The administrator or executor of the deceased’s estate is responsible for filing the lawsuit for the benefit of the surviving family members and dependents, such as spouses, children, or parents.

What are the potential damages in a wrongful death case?

Recoverable damages may include lost income, funeral and burial expenses, medical bills, loss of companionship and support, and in some instances, enhanced damages for egregious behavior by the at-fault party.

Is there a time limit for filing a wrongful death claim in New Hampshire?

Yes. The statute of limitations is generally three years from the date of the deceased’s death. Exceptions may apply in some cases, so consulting a lawyer promptly is important.

Can criminal charges affect a wrongful death lawsuit?

A wrongful death claim is a civil matter and is separate from criminal prosecution. You may file a civil lawsuit regardless of whether criminal charges are filed or a conviction is obtained.

How is liability determined in wrongful death cases?

Liability is established by proving that the defendant’s actions or negligence directly caused the victim’s death. This is typically demonstrated using evidence like witness statements, accident reports, and expert testimony.

How are damages distributed among family members?

Damages awarded in a wrongful death case are distributed to family members or dependents according to New Hampshire probate laws and the specifics of the decedent’s estate plan, if any.

Will I have to go to court?

Many wrongful death cases settle before trial through negotiation or mediation. However, if a fair agreement cannot be reached, your attorney can advocate for you in court.

How much does it cost to hire a wrongful death lawyer?

Many attorneys take wrongful death cases on a contingency fee basis, meaning they only receive a fee if they recover compensation for you. Fee structures can vary, so ask about terms during your initial consultation.

What should I do if I suspect wrongful death?

Document everything related to the incident, gather medical records or accident reports, and consult with an experienced wrongful death lawyer as soon as possible to discuss your options and protect your rights.

Additional Resources

Here are some helpful resources for those seeking information about wrongful death in New Hampshire:

• New Hampshire Judicial Branch - Civil Division: Information on civil filings, probate, and court procedures
• New Hampshire Bar Association: Lawyer referral services and legal education materials
• Office of the Attorney General, State of New Hampshire: For questions about investigations or state-level resources
• New Hampshire Department of Labor: Guidance if the wrongful death involved a workplace accident
• Victim resource centers and local support groups for families coping with loss

Next Steps

If you believe you have a wrongful death case in New Hampshire:

• Contact a qualified wrongful death attorney familiar with New Hampshire law to discuss your situation. Many offer complimentary initial consultations.
• Preserve all documents, records, and personal notes related to the death and surrounding events.
• Act promptly, as waiting may jeopardize your case due to strict legal deadlines.
• Consider seeking support from family, friends, or local organizations to help manage the emotional and practical challenges that arise during this difficult time.

An experienced attorney can evaluate your case, guide you through the legal process, and help you pursue the justice and financial compensation your family deserves.