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What Is the Wrongful Death Lawsuit Process in New Hampshire?

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If you lose a loved one due to wrongful death, New Hampshire laws allow specific individuals to seek and receive compensation by filing a lawsuit. Consulting an experienced lawyer can help you understand what your options are and whether to file a claim. Although many wrongful death lawsuits can reach a settlement outside of the courtroom, some may lead to a trial. No matter your case, working with an attorney can significantly increase your chances of success.

What Is Wrongful Death?

Wrongful death means that someone died because of another individual’s negligence, recklessness, or harmful intent.

Common causes of wrongful death include:

  • Car accidents
  • Pedestrian accidents
  • Medical malpractice
  • Assault
  • Animal attacks
  • Work accidents
  • Product liability

What Are the Eligibility Criteria for Wrongful Death Claims in New Hampshire?

NH laws allow the following individuals to file a wrongful death lawsuit:

  • Spouse
  • Children
  • Parents
  • Grandparents
  • Siblings

If no such relatives are alive, a representative of the decedent’s estate may file the claim. Under New Hampshire Rev. Statutes Title LVI §556:12, “anyone with an interest in the deceased’s estate” may file too, including a domestic partner. If you are unsure whether you qualify for a wrongful death claim, your attorney can evaluate your eligibility and help you gather appropriate evidence.

What Is the Wrongful Death Lawsuit Process?

You have three years after your loved one’s death to file a wrongful death lawsuit. Negotiating with insurance companies is generally the first step after you submit your claim. Working with an attorney is especially important for this step because insurance providers try to avoid paying any damage and if they agree, the value is usually way below what you are entitled to. An experienced lawyer is familiar with how insurance companies operate and can efficiently negotiate. Involving an attorney can also compel the insurance company to reach a settlement outside of court rather than having to go to trial.

What Compensation May I Recover?

Depending on your specific situation, you may receive economic and possibly non-economic damages for your loved one’s wrongful death.

Common matters economic damages help with include:

  • Medical bills for the care your loved one received right before their death
  • Funeral expenses
  • Loss of financial support you used to receive when your loved one was alive

Non-economic damages are capped at $150,000 in New Hampshire. They usually address emotional trauma and the loss of companionship, comfort, and love, that affects a surviving spouse or minor children.

Trust Douglas, Leonard & Garvey, P.C. with Your Wrongful Death Case in New Hampshire

With more than 100 years of combined experience, our team fiercely advocates for your rights and helps you receive the compensation you deserve for the loss of your loved one. We carefully review your situation and guide you throughout the claim process to ensure that you meet all the requirements and statutes of limitations.

Whether we can effectively negotiate with insurance companies out of court or need to go to trial, our personal injury attorneys are dedicated to securing an adequate settlement to support your and your family’s future.

Douglas, Leonard & Garvey, P.C. are compassionate wrongful death attorneys. Contact us today at (603) 288-1403 to schedule a free consultation in Portsmouth or Concord, NH.