While injuries caused by accidents usually heal, some people ultimately succumb to their injuries. Families faced with the unexpected death of a loved one are often ill-equipped to cope with the financial losses caused by their loved one’s death. People who have suffered the loss of a loved one due to someone else’s carelessness have a right to seek damages via a wrongful death lawsuit, however, and should speak to an attorney. The New Hampshire wrongful death lawyers at Stephen Law Group are sensitive to the devastation that losing a loved one can cause, and we will work tenaciously to help you seek justice from the parties responsible for your loss.
Under New Hampshire law, when a person’s death is caused by an intentional or negligent act, any person with an interest in the estate of the deceased person can file a wrongful death claim. In other words, a person pursuing a wrongful death claim does not necessarily need to be the administrator of the deceased person’s estate or a family member. Essentially, a wrongful death claim allows representatives of the deceased person to pursue claims that the deceased person would have been allowed to pursue against the defendant, as well as claims to recover the damages caused by the deceased person’s death. A wrongful death claim is a civil claim and can be filed regardless of whether criminal charges are filed against the defendant as well.
A plaintiff and a wrongful death attorney in New Hampshire must prove that the defendant caused the deceased person’s death. This typically requires proving that the defendant breached a duty owed to the deceased person, which ultimately led to the deceased person’s death. Wrongful death claims must be filed within six years of the date of the death, or interested parties may waive the right to recover damages.
In New Hampshire, damages recoverable in a wrongful death case include compensation for the pain and suffering that the deceased person experienced prior to his or her death and for the net earnings that the deceased person would have accumulated throughout his or her remaining life. Compensation may also be awarded for the financial harm suffered by the estate due to the cost of medical treatment prior to the deceased person’s death, in addition to reasonable funeral and burial expenses.
If the deceased person is survived by a spouse, a New Hampshire wrongful death attorney can help the spouse seek compensation for the loss of the deceased person’s guidance, companionship, and care. If the deceased person or his or her spouse was partially responsible for the deceased person’s death, however, the damages awarded to the spouse will be reduced proportionately to the fault attributed to the spouse or the deceased person. Additionally, if the deceased person is survived by a child under the age of 18, the child may be awarded damages for the loss of a familial relationship, which includes the loss of guidance and affection. Damages awarded to surviving spouses and children are capped pursuant to New Hampshire law, though.
No amount of money can repair the harm caused by the loss of a loved one, but financial compensation can aid people dealing with the sudden death of a family member in repairing the economic damage caused by their loved one’s death. If you lost a loved one in an accident caused by another party’s reckless or careless behavior, you can discuss your potential claims with a knowledgeable wrongful death lawyer in New Hampshire. The attorneys at Stephen Law Group possess the skills and experience needed to help you seek a favorable outcome, and we will argue aggressively in support of your recovery of compensation. We have multiple offices in New Hampshire and Massachusetts, and we assist families in wrongful death lawsuits throughout both states. You can reach us online or at 877-663-1007 to schedule a conference to discuss your potential claims.