The loss of a loved one can affect your life more than anything else, turning your entire world upside down. You are probably feeling very overwhelmed by all that you have to take care of to get things lined up. In the midst of all the chaos you may have questions about how you are going to take care of yourself and your family moving forward.
With more than 100 years of experience, our Hillsborough wrongful death attorneys at Upton & Hatfield, LLP are here to guide you and answer all your questions. We understand that no amount of money is worth the life of your loved one, but we can ensure all your family's finances are taken care of.
A wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. Unlike a criminal case, where the state prosecutes the wrongdoer, a wrongful death lawsuit is a civil claim brought by the deceased’s family or representatives. The goal is to hold the responsible party accountable and secure compensation for the losses the family has suffered.
Common causes of wrongful death include:
Car accidents
Medical malpractice
Workplace accidents
Defective products
Premises liability accidents
Criminal acts, such as assault or murder
Who Can File a Wrongful Death Lawsuit in New Hampshire?
Each state has specific laws about who is eligible to file a wrongful death claim. In New Hampshire, the law allows the following parties to bring a wrongful death lawsuit:
The executor or administrator of the deceased person’s estate: This is the individual designated in the deceased’s will or appointed by the court if there is no will. The executor or administrator acts on behalf of the deceased's estate to file the claim.
Immediate family members: Typically, surviving spouses, children, or parents of the deceased can benefit from a wrongful death lawsuit. However, New Hampshire law requires that the estate files the claim, and the compensation is distributed to these family members.
It’s important to act quickly when pursuing a wrongful death claim. In New Hampshire, wrongful death lawsuits must be filed within a specific timeframe, known as the statute of limitations. Under New Hampshire law, you generally have three years from the date of the deceased person’s death to file a wrongful death lawsuit. Failing to do so within this period may prevent you from recovering compensation.
Compensation from a Wrongful Death Claim
A successful wrongful death claim can provide financial compensation for various types of losses. In New Hampshire, damages are intended to address both the economic and non-economic impact of a loved one’s death.
Some of the compensation you may be entitled to include:
Medical Expenses: If your loved one received medical care prior to their death due to the accident or negligence, you can recover compensation for those medical bills. This can include hospital stays, surgeries, medication, and other related costs.
Funeral and Burial Costs: Funeral and burial expenses can be overwhelming for families dealing with the sudden loss of a loved one. A wrongful death claim can help cover the costs of these services, easing the financial burden.
Lost Income and Financial Support: When a family member who contributed financially to the household passes away, the surviving family members may suffer financially. Compensation can be sought for the lost wages and benefits that the deceased would have earned had they lived, as well as the loss of future financial support.
Loss of Companionship: Family members, particularly spouses and children, suffer an emotional toll when they lose a loved one. The legal term for this is loss of companionship or loss of consortium, which refers to the loss of the emotional, familial, and social relationship that the deceased provided.
Pain and Suffering: In some cases, the courts may award damages for the pain and suffering the deceased experienced prior to their death. This is particularly relevant if the individual suffered before passing, such as in cases involving prolonged medical treatment or severe injuries.
The Role of a Hillsborough Wrongful Death Lawyer
At Upton & Hatfield, LLP, our experienced wrongful death attorneys understand the complexities of these emotionally charged cases. We take the time to listen to your story, investigate the circumstances surrounding your loved one’s death, and build a strong case to hold the responsible party accountable.
Our lawyers will assist you by:
Investigating the cause of death: We work with medical experts, accident reconstruction specialists, and other professionals to gather evidence that supports your claim.
Identifying liable parties: In some cases, multiple parties may be responsible for the wrongful death, such as a negligent driver, a company that manufactured a defective product, or a healthcare provider.
Filing the lawsuit: We ensure that all legal paperwork is completed accurately and filed within the statute of limitations.
Negotiating with insurance companies: Insurance companies often attempt to settle wrongful death claims for less than they’re worth. Our attorneys negotiate aggressively to secure a fair settlement.
Representing you in court: If a fair settlement cannot be reached, we are prepared to take your case to trial and advocate for you in front of a judge and jury.
Call Upton & Hatfield, LLP today at (603) 634-9560 to set up an appointment with experienced wrongful death lawyers in Hillsborough.
