Serving the State of New Hampshire Since 1908
Wrongful Death

Portsmouth Wrongful Death Lawyers

Lawsuits After Losing a Loved One

young woman visiting grave site of loved oneAfter a fatal accident takes the life of your loved one, you will be left in a dark and confusing place. Taking the time to grieve is essential to your recovery, but so might be filing a claim or lawsuit against the party that caused your loved one’s untimely passing. How do you begin the legal process of demanding compensation after something so devastating?

If you live in Portsmouth, then Upton & Hatfield, LLP and our Portsmouth wrongful death attorneys can help you make sense of this important and painful time. We take pride in being a legal that is capable of balancing professionalism and compassion. While we are working on your wrongful death case, we can handle all aspects and steps, leaving you as much time as possible to focus on yourself and your family.

Whenever you are ready, please call (603) 716-9777 and arrange a no-cost, confidential consultation with our wrongful death attorneys in Portsmouth.

Filing a Wrongful Death Lawsuit

To file a wrongful death lawsuit, two things must be true: a wrongful death must have happened and there must be someone available to file a wrongful death claim. For a wrongful death to occur, a death must happen in a circumstance that was caused by negligence and reasonably could have been prevented. If a personal injury claim could have been filed had the accident not been fatal, then a wrongful death claim can be since it was. Once that is established, it is time to determine who can file the claim.

Who Can File a Wrongful Death Suit?

In New Hampshire, parties who have a legitimate interest in the deceased’s estate can file a wrongful death claim. Under this broad rule, there could be several people who want to file a wrongful death claim, but only one can be filed. What will need to happen is that there might be multiple claimants for the single case.

Typically, claimants in a wrongful death claim will include:

  • Spouses
  • Parents
  • Children
  • Siblings

Cases can become overly complicated if many people want to join the claim as a claimant or plaintiff. If you need help figuring out who should be a claimant and who shouldn’t, contact us online now.

Wrongful Death Damages

The amount of money owed to the claimants in a wrongful death claim can take several forms, such as:

  • Medical costs associated with the deceased’s final medical treatments.
  • Costs for a funeral, burial, and wake.
  • Pain and suffering the deceased experienced due to their final injury or illness.
  • Income they likely would have earned in life had the fatal injury not happened.

When a spouse and/or child files the wrongful death claim, additional damages can become available. Specifically, these family members can demand compensation that pays for the loss of companionship and day-to-day care the deceased provided them. The law in New Hampshire currently limits those damages to $150,000 at most, but we can fight diligently to ensure that cap is reached.

How Are Wrongful Death Settlements Paid Out?

When it comes to wrongful death lawsuits, claimants may be able to receive their settlement in one of two ways:

  • Lump Sum - This type of payout allows the surviving family to receive one payment of the total amount awarded. This payment option can be helpful when the family is facing high medical costs and financial hardship as a result of their loved one's death.
  • Structured Settlement - This type of payout is when the family receives a set amount from their total settlement in reoccurring payments (typically once per month). This can be helpful because it helps to spread out the settlement over a longer period of time and ensure it lasts as long as the family needs it to. In some ways this acts as a replacement income if the chief breadwinner has died.

Your attorney can help you determine what form of payment is right for you.

File Your Claim Soon – We Can Help

New Hampshire law has an extended window for wrongful death claims. In some cases, you could have up to six years from the date of your loved one’s death to take legal action. However, you should not wait that long to do something. The sooner you act, the better the available evidence will be to prove that your claim should be closed in your favor.

Call (603) 716-9777 today and speak with our wrongful death lawyers in Portsmouth. We would be honored to talk to you about what happened and what can be done about it next to secure justice in your loved one’s name.

Why Hire Us?

Our Promise to Our Clients
  • A Reputation for Excellence

    We are known for our unwavering commitment to achieving the objectives of our clients.

  • A Legacy of Successful Results

    Our 100-year legacy is built on achieving successful results for our clients.

  • Committed to the Community

    We are proud to support a number of worthy non-profit organizations as a way to give back to our community.

  • Diverse Breadth of Experience

    We provide our clients with full-service legal representation across a variety of practice areas.

  • Client-Focused Solutions

    We pride ourselves on providing our clients with personalized legal representation that meets their unique needs.

  • Experience on Your Side

    Founded in 1908, we put more than 100 years of practice and experience to work for our clients.

A Reputation for Outstanding Service

Developed Client by Client
  • “Having minimal experience with the legal system, I was grateful for the ease and timeliness of Upton and Hatfield’s response to my employment litigation request.”

    - Jackie D
  • “The attorneys and staff at the Hillsborough office were very knowledgeable and helpful. I have also used them for estate planning and have recommended them to many of my friends and family.”

    - Amanda V.
  • “Heather Burns and Michael McGrath were a methodical and dedicated team throughout my medical malpractice case. They were relentless in their search for every detail and aspect of their findings. They left no stone unturned.”

    - Christina L.
  • “We would like to thank you for your guidance and assistance as we went through the process of estate planning. Your kindness, patience, and calmness were such a gift throughout the process.”

    - M & T
  • “I was extremely happy with Upton and Hatfield's real estate service. The attorneys and staff at the Hillsborough office were very knowledgeable and helpful. I have also used them for estate planning and recommended them to many of my friends and family.”

    - Amanda V.
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