The death of a loved one is always a difficult and emotional time, but when that death is the result of someone else’s negligence or wrongdoing, the loss can feel even more devastating. In New Hampshire, the legal term for this kind of situation is wrongful death. In this article, we’ll take a closer look at what exactly constitutes a wrongful death in the state of New Hampshire.
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Understanding Wrongful Death
Wrongful death is defined as a death caused by the negligent, reckless, or intentional acts of another person or entity. This can include situations such as car accidents, medical malpractice, defective products, workplace accidents, or criminal acts. In order for a death to be considered wrongful, it must be shown that the deceased would not have died if not for the actions or inactions of the responsible parties.
Who Can File A Wrongful Death Claim?
In New Hampshire, only certain individuals are allowed to file a wrongful death claim. These include:
- The spouse of the deceased person
- The children of the deceased person (if there is no surviving spouse)
- The parents of the deceased person (if there is no surviving spouse or children)
If there are no surviving individuals in these groups, then the personal representative of the deceased person’s estate may file a wrongful death claim on behalf of the estate.
Damages Available In A Wrongful Death Claim
Damages in a wrongful death claim are intended to compensate the deceased person’s surviving family members for the losses they have suffered as a result of the death. In New Hampshire, damages can include:
- Funeral and burial expenses
- Medical expenses related to the deceased person’s final illness or injury
- Compensation for the deceased person’s pain and suffering prior to their death
- Loss of future income and support that the deceased person would have provided to their family members
- Loss of companionship, guidance, and emotional support
It’s important to note that in New Hampshire, there are limits on the amount of damages that can be awarded in a wrongful death claim. These limits vary depending on the circumstances of the case.
Statute of Limitations For Wrongful Death Claims
In New Hampshire, there is a strict statute of limitations for filing a wrongful death claim. The claim must be filed within three years of the date of the deceased person’s death. If the claim is not filed within this timeframe, the case will likely be dismissed.
Conclusion
Losing a loved one is never easy, but when that loss is the result of someone else’s negligence or wrongdoing, it can be even more devastating. In New Hampshire, wrongful death is defined as a death caused by the negligent, reckless, or intentional acts of another person or entity. If you believe that your loved one’s death was wrongful, it’s important to consult with an experienced personal injury attorney as soon as possible to discuss your legal options. With the right representation, you can hold the responsible parties accountable and seek the compensation your family deserves.