Hanover Wrongful Death Lawyer
There is nothing more shocking than losing a loved one in an unexpected and tragic accident. From motor vehicle accidents to premises liability cases and more, when someone else acts negligently, the outcome can be catastrophic, irreversible harm. At the law office of Sabbeth Law, our Hanover wrongful death lawyers understand what you’re going through and how devastated you are feeling. While nothing can undo the wrong that has been done, filing a wrongful death claim may provide your family with the financial compensation that you need to move forward, support loved ones left behind, and hopefully prevent future similar tragedies. Please call our law firm directly today to learn more about our Hanover wrongful death lawyers and how we can help–
What Is a Wrongful Death Claim?
A wrongful death claim in New Hampshire can be brought forth when the wrongful act or neglect of one party leads to the death of another. This is similar to a personal injury claim, but for the fact that the injury victim has suffered fatal injuries, and is therefore unable to bring forth a claim on their own behalf.
Who Can File a Wrongful Death Claim?
Only certain parties can bring forth a wrongful death action, even if a cause for action exists. To be sure, New Hampshire law, Revised Statute section 556.19, reads that “any person interested in the estate of the deceased” may file a wrongful death claim. This stands in sharp contarct to other states, where only the administrator of a deceased’s estate can bring forth a claim.
Damages Recoverable in a Wrongful Death Claim
Wrongful death actions are typically pursued for three primary reasons in New Hampshire.
First, filing a wrongful death action, and being successful in the claim, can provide grieving family members with a sense of closure and justice.
Second, while a wrongful death action is a civil suit and does not have any criminal penalties associated with its outcome, a wrongful death action may serve as a deterrent to other wrongdoers.
And third, a wrongful death action may yield monetary damages to a decedent’s estate and its beneficiaries. Types of damages that are recoverable in a wrongful death action include:
- Economic damages incurred prior to or after the death, such as medical bills, funeral expenses, and burial expenses;
- Compensation for the value of the loss of services performed by the decedent;
- The value of the decedent’s lost wages and loss of earning capacity; and
- The value of the loss of love, companionship, parental guidance, etc.
How Much Time Do I Have to File a Wrongful Death Claim?
When you learn of a loved one’s death and are grieving, thinking about filing a lawsuit may be the furthest thing from your mind. While filing a lawsuit may be extremely challenging to consider, it’s important to know that you only have so much time to take action. Under New Hampshire law section 556.11, you have six years of the date of death to file a wrongful death claim. If you think that you may have a wrongful death case, it’s important to talk to an attorney sooner rather than later if you think that you may want to file a case, even if you’re not sure.
Why Work with Our Hanover Wrongful Death Lawyers
Losing a loved one may be the hardest thing that you ever have to go through. And as you cope with your grief and think about your future, it’s important that you have someone on your side who you can trust to work hard for you. At the office of Sabbeth Law, you can count on our law firm to use the best experts from throughout the nation as we build your case, make your case a priority, beat the insurance company to the scene of an accident, and travel to your location. We have recovered seven- and eight-figure results and have received multiple recognitions and accolades.
FAQs about Hanover Wrongful Death
Because this is a complicated area of law, family members often have questions about their rights and the legal process. Below, we select some of the most common questions and provide answers.
What are examples of wrongful death cases?
Any accident could result in fatal injuries, including car wrecks, truck accidents, pedestrian accidents, motorcycle collisions, and slips and falls. Some people die when defective products explode in their faces or after receiving negligent medical care. Further, some wrongful death cases stem from intentional acts, like someone hitting your loved one on purpose with a car or a criminal who shoots or stabs your loved one.
Why isn’t the prosecutor filing this lawsuit for me?
Wrongful death cases are filed in civil court, not criminal court. The prosecutor has no role to play in civil court. Also, some actions are not criminal, but they can still qualify as wrongful under the law. For example, a driver might have carelessly backed up a van without using their mirrors. Consequently, they run over and kill a loved one. This type of accident can qualify as a wrongful death, but it’s probably not a crime. Other acts are both criminal and wrongful, such as stabbing or shooting a person. Nonetheless, the prosecutor will not file civil charges—that’s up to family in most cases.
How much can I receive for the death?
The amount will depend on many factors. For example, family members usually request compensation for income loss. The amount will depend on your loved one’s age, educational level, and job at the time of death. A highly educated registered nurse will make more throughout her life than someone who works as a filing clerk. Someone who dies young could potentially have earned more throughout their life than someone who dies at 65.
Compensation is hard to estimate in the abstract. Contact our law firm to discuss the specifics of your case with a Hanover wrongful death lawyer.
What evidence do you use to make a wrongful death claim?
Our lawyers look for evidence that helps us reconstruct what happened. Accidents are often a blur. You might have been riding in a car when a truck hit you. Your husband dies while you survive. Although you were there at the accident, you might not really know what happened. In other fatal accidents, only your loved one and the defendant saw what happened.
We often rely on the following evidence: third-party witness testimony, video evidence, hair and blood samples, other physical evidence, and the defendant’s own statements. Each case is different and requires different evidence, which is why it’s critical to call our law firm. Witnesses can disappear and memories fade, so you want a lawyer to gather helpful evidence as quickly as possible.
Will my wrongful death case go to trial?
It might. Our firm has had great success negotiating settlements for wrongful death cases. A settlement can get you and your family money faster and without the risk of losing at trial. But sometimes trial is the only option, especially if the defendant denies liability.
Will the defendant go to jail if convicted?
No. Remember, this is a civil case. A judge cannot sentence someone to jail. In a civil case, the defendant is “liable” instead of guilty. If liable, they pay monetary compensation to those injured by the loss, but they do not go to prison.
How much time can pass between the accident and my loved one’s death?
This is a great question. To find the defendant liable, we need to show a link between your loved one’s death and their accident. Not everyone dies immediately at the accident scene. Your husband might have been involved in a serious car crash but died a month later. Was the accident the cause of his death? Sometimes the answer isn’t obvious. Our law firm works closely with medical experts who can identify what caused your loved one to pass and provide expert testimony connecting the death to the accident.
Can I bring a wrongful death case if my loved one died at work?
Possibly. Workplace fatalities present some complications, however. Spouses and children are often eligible for a death benefit because they are dependents, but the state’s laws prevent suing an employer for the death in most instances. You might bring a lawsuit against a non-employer for the death, like the manufacturer of a defective piece of equipment. Contact an attorney to review whether this type of lawsuit is an option for you.
Schedule Your Free Case Consultation
If you need an attorney to help you to understand your rights after losing a loved one in a preventable accident caused by the negligence or wrongful act of another, you can count on our law firm. You can reach our Hanover wrongful death lawyers by phone or online at your convenience and schedule your free consultation. We will go to you and always work on a contingency fee basis.
“Immediately after my son’s injury at work, he was treated poorly. Over the course of the next few days it became even worse, so I called Mike and he and Crystal have been absolute lifesavers during the process. Mike is not your typical stuffed suit lawyer who only cares about the bottom line he genuinely cares about his clients and his assistant Crystal is beyond amazing! My thanks to you both!”
“Immediately after my son’s injury at work, he was treated poorly. Over the course of the next few days it became even worse, so I called Mike and he and Crystal have been absolute lifesavers during the process. Mike is not your typical stuffed suit lawyer who only cares about the bottom line he genuinely cares about his clients and his assistant Crystal is beyond amazing! My thanks to you both!”LUKE PARMENTER
“I could never ask for a better attorney, to fight for me, to believe in me, and have faith in me, than what I found in Mike Sabbeth, He doesn’t treat you like a client, he treats you as if you are one of his own family members, He will fight for you, with all he has, and is ALWAYS up front and honest with you about everything!”SANDRA DRUGE