New Hampshire Wrongful Death Attorneys

The statute of limitations for wrongful death claims in New Hampshire is also unusually lenient. The state allows legal action to be taken within three years of the deceased’s death. This three-year statute of limitations begins on the day of death, not on the day of injury or illness.

You should not wait until the last day to file a wrongful death claim, though. Three years is a long time, and you can forget many important details along the way. Ideally, you will start your claim within a few months of your loved one’s passing, but we understand if you need a little more time than that to grieve.

Because they are often more complicated than the general personal injury claim, wrongful death lawsuits usually take anywhere from 1 to 4 years to resolve. In some cases a wrongful death settlement can be hurried along by accepting a lower settlement offer from the insurance company, rather than fighting for higher compensation.

Damages in a wrongful death claim are divided into two categories: damages owed to the deceased, and damages owed to their loved ones.

Certain damages related to what the deceased is owed are:

• Pain and suffering they experienced before passing away.
• Medical costs for their final care and hospitalization.
• Reasonable prices for their funeral and burial.
• Damages that they would have been paid had they survived and filed a personal injury claim.

The damages that are owed to the surviving loved ones are a bit different because they are not as tangible. Instead, surviving spouses and children can sue for damages related to the loss of companionship and care. New Hampshire limits these damages to $150,000, though, which many have argued is too low and arbitrary.

While surviving family members may not recover compensation for their own pain and suffering, you may be able to recover compensation for your deceased loved one's pain and suffering if you are able to prove that they suffered prior to their death.

When it comes to receiving the compensation for your lawsuit, there are two different ways that the settlement may be paid out:

1. Lump-Sum - A lump-sum payment is when the plaintiff receives the entire settlement amount in one large payment. This type of settlement can be helpful if there are a lot of medical bills that need to be paid off on behalf of the deceased loved one.
2. Structured Settlement - A structured settlement refers to when the settlement is broken down into regular payments (oftentimes monthly) that provide the surviving family with a set amount each month. This type of settlement payout plan can help provide surviving family members with a more long-term steady income to help replace the income they may have lost as a result of their loved one's death.