November 4, 2020
Accidents happen every day. When these accidents result in a fatality, however, those who are survived by the deceased accident victim may have the ability to file a New Hampshire wrongful death claim in court. These claims can often be complex, and like other states, New Hampshire has state-specific rules governing who can file such claims and what damages and remedies are available for the parties who decide to bring these claims to court.
According to a recent news report, a local New Hampshire man was arrested after a roadway accident killed the passenger on his motorcycle. The driver of the motorcycle failed to account for a curve in the roadway and lost control. After losing control, the driver and his passenger were both thrown from the motorcycle off the shoulder of the roadway where his passenger sustained fatal injuries from the crash. The driver sustained life-threatening injuries and was transported to a local hospital where he was charged with negligent homicide. The investigation into the crash is still ongoing, but local authorities reported that alcohol was potentially a factor in the crash.
To advance a successful wrongful death claim in New Hampshire, one must first be eligible to bring such a claim to court. New Hampshire allows wrongful death suits to be filed in cases where the “negligent, reckless, or intentional act” of another party causes death. Wrongful death claims are just like other personal injury claims, except the injured person is deceased and no longer able to bring a suit on their own for damages. Instead, the deceased’s estate or family must file on their behalf.
Unlike other states with much more rigid laws about who can file a wrongful death claim, New Hampshire allows “any person interested in the estate of the deceased” to bring a case before the court. In New Hampshire, a wrongful death claim can be filed as a civil case in court, even if criminal charges are being pursued by the prosecuting attorney in the same case.
After filing a wrongful death claim, there are a variety of damages and remedies available. The various types of damages in New Hampshire wrongful death claims include medical and burial expenses, lost wages, and pain and suffering. The surviving spouse and any children of the deceased under 18 are also eligible for damages resulting from a loss of consortium and familial relationship. Damages for spouses, however, are limited to $150,000, and damages for surviving children can also be capped or reduced.
If you believe that you have grounds to file a wrongful death claim, it is critical to move quickly. In New Hampshire, such cases must be filed within six years of the date of the deceased’s passing. If the case is filed past the statute of limitations that New Hampshire has in place, then your claim could be denied.
Do You Need a New Hampshire Wrongful Death Attorney?If someone you love has recently been involved in an accident that has resulted in a potential wrongful death claim, contact the attorneys at Peter Thompson & Associates. Our attorneys have years of experience representing all types of complex personal injury claims and will tirelessly advocate on your behalf to get you the compensation you and your loved ones deserve. To schedule a free consultation with one of our New Hampshite wrongful death claims today, contact our office at 800-804-2004.