Compassionate & Experienced Legal Representation During This Difficult Time
When a loved one dies, the emotional toll can be overwhelming. If the death was caused by someone else’s negligence, the grief can be even more difficult to bear. In addition to the emotional pain, you may be facing financial hardship due to medical bills, funeral expenses, and the loss of your loved one’s income and support.
At Upton & Hatfield, LLP, we understand the devastating impact of losing a loved one due to someone else’s negligence. Our Peterborough wrongful death lawyers are here to help you seek justice and the fair compensation you are owed. We have been serving clients throughout New Hampshire since 1908 and have a long track record of success in complex personal injury and wrongful death cases. Let our firm help you and your family during this extremely difficult time.
If you have lost a loved one due to someone else’s negligence, call (603) 634-9560 or contact us online to request a free consultation.
What is a Wrongful Death Claim?
A wrongful death claim is a type of personal injury lawsuit that is filed when a person dies as a result of someone else’s negligent, reckless, or intentional actions. In New Hampshire, a wrongful death claim is a civil lawsuit that is filed by the personal representative of the deceased person’s estate. The personal representative is typically named in the deceased person’s will or estate plan. If there is no will or estate plan, the court will appoint a personal representative.
Who Can File a Wrongful Death Claim in New Hampshire?
In New Hampshire, the personal representative of the deceased person’s estate is the only person who can file a wrongful death claim. However, the personal representative files the claim on behalf of the surviving family members. The personal representative is responsible for distributing any compensation that is awarded in the claim to the appropriate parties.
Under New Hampshire law, the following parties may be eligible to receive compensation in a wrongful death claim:
The deceased person’s spouse
The deceased person’s children
The deceased person’s parents
The deceased person’s siblings
Any other person who is entitled to inherit the deceased person’s estate
If the deceased person was a minor child, the child’s parents may file a wrongful death claim. If the deceased person was an adult who was not married and did not have children, the parents may file a claim. If the deceased person was an adult who was not married, did not have children, and did not have living parents, the siblings may file a claim. If the deceased person was an adult who was not married, did not have children, did not have living parents, and did not have living siblings, the personal representative may file a claim on behalf of any other person who is entitled to inherit the estate.
How Long Do I Have to File a Wrongful Death Claim in New Hampshire?
Each state has a statute of limitations that sets a deadline for filing a wrongful death claim. In New Hampshire, the statute of limitations for wrongful death claims is three years from the date of the deceased person’s death. If you do not file a claim within this time frame, you will likely lose your right to seek compensation.
How Can a Lawyer Help with My Wrongful Death Claim?
After the death of a loved one, you may be unsure of what to do next. You may be contacted by the at-fault party’s insurance company and offered a settlement. It is important to remember that the insurance company is not on your side. Their goal is to pay you as little as possible, and they may try to take advantage of you during this difficult time.
When you hire our firm, we will:
Investigate the cause of your loved one’s death
Identify all potentially liable parties
Collect and preserve all available evidence
Work with experts to determine the full extent of your losses
Handle all communication with the insurance company
Negotiate for a fair settlement on your behalf
Prepare your case for trial if a fair settlement cannot be reached
At Upton & Hatfield, LLP, we understand that no amount of money can ever make up for the loss of a loved one. However, a successful wrongful death claim can provide you with the financial resources you need to move forward. It can also hold the at-fault party accountable for their actions and help prevent similar tragedies from occurring in the future.
Contact us today at (603) 634-9560 to let our firm fight for your family inside and outside the courtroom.
