Wrongful Death

Losing a loved one is an agonizing and painful experience, but the loss may be even more devastating when it is the result of someone’s carelessness or recklessness. At Peter Thompson & Associates, our attorneys understand how important it is to our clients to obtain justice and seek accountability. We work tenaciously on your behalf to hold negligent drivers, truckers, and property owners responsible when their carelessness caused a wrongful death.

We also understand that, for many of our clients, the loss of a loved one means the loss of financial support that they desperately need to help make ends meet and provide a secure financial future. For that reason, we leave no stone unturned in gathering evidence and employ cutting-edge technology and leading experts to prove not only the defendant’s fault, but also the full extent of your personal and financial loss.

When an individual or a company acts carelessly and causes the death of another—whether as a result of a car, motorcycle, truck, bicycle or pedestrian accident or due to a hazardous property or construction site condition, the family of the deceased may bring a wrongful death claim against that individual or company. New Hampshire Revised Statutes section 556:19 allows "any person interested in the estate of a deceased" to file a wrongful death claim. Unlike many states that restrict the right to file a wrongful death claim to individuals like the personal administrator of the estate or surviving family members, New Hampshire allows anyone with a legal interest in the deceased person's estate to protect that interest by filing a wrongful death claim.

A wrongful death claim is a civil action and must be filed in a New Hampshire civil court. In this way, a wrongful death claim differs from a criminal charge for murder or manslaughter, which is filed a State or Federal prosecutor. A civil wrongful death claim may be filed even if criminal charges are pending in the same case.

New Hampshire Revised Statutes section 556.12 governs the types of damages available in a wrongful death claim in New Hampshire. It also identifies the parties who may claim these damages. While the facts in each case will determine the amount of damages that can be recovered, the types of damages that may be available in a New Hampshire wrongful death claim include:

• Medical, funeral, and burial expenses,
• Any pain and suffering that the deceased endured prior to death, and
• Compensation for lost earnings that the deceased would reasonably have expected to have earned over the course of his/her lifetime.

A surviving spouse is also entitled to damages for the loss of the comfort, care, companionship, and guidance of the deceased up to $150,000. Surviving children under age 18 are likewise entitled to damages for the loss of familial relationship. These damages are also limited under the New Hampshire law to $150,000.

Pursuant to New Hampshire Revised Statutes section 556:11, a wrongful death claim must be brought within six years of the date of the deceased person's death. Unless the claim is filed within this time period, it will be forever barred, subject to certain, very limited exceptions. However, there are certain types of wrongful death actions that have shorter filing deadlines—some as short as 180 days, so it is advisable to speak with an attorney as soon as possible after an accident to determine when your claim must be filed.

With offices in Portsmouth, Nashua, Concord, and Manchester, the injury lawyers at Peter Thompson & Associates represent wrongful death claimants throughout the State of New Hampshire. We are prepared to immediately investigate your wrongful death claim and bring in necessary experts to analyze how the accident happened, who was at fault, and determine the amount of economic harm you and your loved ones have suffered, among other things. We have over 60 years combined experience in investigating wrongful death cases and obtain outstanding results for our clients. Nothing is harder than losing a loved one, but we want to make sure that the emotional process of recovery is not exacerbated by a heavy financial burden. We offer free consultations and are committed to our clients. Please fill out our contact form or call us at 800.804.2004 to discuss your case.