What to Know Before Filing a Wrongful Death Claim

There is nothing in life more difficult than losing a loved one. After the passing, you will feel grief and sorrow, and may not know how to move forward in your own life. When the death was caused by another person’s negligence or carelessness, you will also feel angry and frustrated.

In New Hampshire, you can file a claim against the negligent party to claim damages for your losses, but these claims are not always easy to file. A New Hampshire wrongful death lawyer can help your family claim the financial compensation you deserve. Here are a few things you should know before filing a wrongful death claim in New Hampshire.

How Does New Hampshire Define Wrongful Death?

Under New Hampshire law, a wrongful death occurs any time someone dies as a result of another person’s carelessness, negligence, or wrongdoing. A wrongful death claim then is a civil action filed to recover damages, or financial compensation, for the losses sustained as a result of the death. When the victim of wrongful death could have filed a personal injury claim had they survived the accident, it may mean there is a legitimate wrongful death claim.

Sometimes, wrongful death claims arise from criminal actions. For example, a drunk driver may cause a serious car accident that is fatal for another person. Although the drunk driver will likely have to appear in criminal court, and will likely face criminal penalties, these proceedings have no bearing on wrongful death claims. Wrongful death cases are considered civil actions, not criminal and so, the outcome of one case will have no bearing on the outcome of another, even though they are related.

Who Is Eligible to File a Wrongful Death Claim in New Hampshire?

In the majority of other states, there are only certain individuals who are allowed to file a wrongful death claim. In most cases, these include the closest surviving family members, such as the spouse or children of the decedent. New Hampshire limits the claimants eligible to file a wrongful death claim as well, but the law in the Granite State says that anyone who has legal interest in the estate of the decedent can file a wrongful death claim.

For example, someone may be taking care of their sibling just before they are the victim of wrongful death. In many other states, siblings cannot file a wrongful death claim. However, in New Hampshire, if the sibling could show that they were financially dependent on the deceased and that they were caring for them prior to their death, the sibling would likely have a valid wrongful death claim.

How Long Do You Have to File a Wrongful Death Claim in New Hampshire

Like all personal injury cases, you only have a certain amount of time to file a wrongful death claim in New Hampshire. This is known as the statute of limitations. The statute of limitations on wrongful death claims in the state is six years from the date of the death. If you do not file within that time, you will lose your legal right to claim any financial compensation at all.

Six years may sound like a lot of time to file a wrongful death claim, but it is not. Before you can file your claim, you must determine who is liable for the death. Even when this seems fairly straightforward, an investigation must still be conducted to collect evidence.

An experienced wrongful death attorney will then have to build a case using that evidence and establish that another person’s negligence caused the death and that you suffered losses as a result. All of this takes time and so, it is always best to speak to a wrongful death lawyer as soon as possible.

Damages Available in Wrongful Death Claims

If you are successful with your wrongful death claim, there are a number of different types of damages you can obtain. The most common of these include:

  • The pain and suffering the deceased incurred before their death
  • Medical expenses the deceased incurred prior to their death
  • Funeral and burial expenses
  • The amount of financial support the decedent would have provided to the claimant during their lifetime
  • Loss of society, comfort, and companionship of the claimant
  • Punitive damages, if the act that caused the death was particularly egregious

Why You Should Work with a New Hampshire Wrongful Death Lawyer

Several benefits come from working with a New Hampshire wrongful death lawyer. Here are a few of them:

  • A lawyer will ensure your claim is filed within the statute of limitations
  • An attorney will conduct an investigation to gather and preserve evidence
  • A lawyer can correctly calculate the value of your claim so you do not accept a settlement offer that is too low
  • Lawyers have experience negotiating with insurance companies and other attorneys, which can be particularly beneficial when handling such sensitive cases.

If you have lost someone you love due to another person’s negligence, nothing can replace what was taken from you. However, filing a wrongful death claim in New Hampshire may help you obtain some financial compensation for your losses. Contact Sabbeth Law today to schedule an appointment with one of our skilled and compassionate wrongful death lawyers.

Our Compassionate Wrongful Death Attorneys in New Hampshire Can Help

If you have lost someone you love due to someone else’s carelessness, our New Hampshire wrongful death law firm is here to help you seek justice. We understand the emotional and financial toll that a wrongful death can take on a family, and we are committed to fighting for your rights.

Our experienced attorneys will work tirelessly to build a strong case for your wrongful death claim. We will gather evidence, speak with witnesses, and consult with experts to determine the full extent of damages that should be included in your claim.

We know that no amount of money can ever make up for the loss of a loved one. However, obtaining compensation through a wrongful death claim can help ease some of the financial burden caused by medical bills, funeral expenses, and loss of income.

In addition to seeking monetary compensation on your behalf, our compassionate attorneys will also support you during this difficult time. We understand the emotional toll that a wrongful death can take on a family, and we will provide you with the necessary guidance and support to navigate this complex legal process.

It is important to note that there are time limits for filing a wrongful death claim, known as the statute of limitations. This varies by state, but typically ranges from one to three years after the date of death. It is crucial to act quickly and contact us as soon as possible so that we can begin building your case.

Let us fight for justice for your loved one and hold those responsible accountable for their actions. Contact our New Hampshire personal injury attorney today for a free consultation and to learn more about how we can help you during this difficult time.