Losing a loved one in an accident is a life-changing, traumatic experience that extends beyond your initial grief.
Your losses could be considerable and unexpected, especially the financial and emotional consequences.
New Hampshire has enacted laws that protect surviving family members in your position, so you could have a claim under the state’s wrongful death statute. It applies to a wide range of tragic, fatal incidents, though many people aren’t fully aware of the relevant liability concepts.
When complicated legal issues are at stake, you should trust a Nashua wrongful death attorney to represent your interests. It’s also helpful to review some basic information and a few examples of wrongful death cases.
How Wrongful Death Cases Work in New Hampshire
A person’s death is considered wrongful when it could have been prevented by another individual’s careless actions.
Certain surviving family members can recover monetary damages from the responsible party if they can prove the essential elements of a wrongful death claim. Since these cases are a type of personal injury case, the principles of negligence apply.
You must show:
- The other person or entity had a legal duty to exercise reasonable care;
- That party breached this duty;
- The breach was a direct cause of the accident which led to your loved one’s death; and
- You suffered losses as a result.
In addition, you must comply with the wrongful death statute of limitations in New Hampshire. You have six years from the date of death to file a lawsuit seeking compensation.
If you miss the deadline, you cannot recover monetary damages for your losses.
Common Types of Wrongful Death Claims
Even if you understand the basics, it can be hard to visualize the scenarios where you might have a wrongful death claim.
Here are a few examples:
- Motor vehicle collisions, where a person dies because of another driver’s careless actions;
- Pedestrian, bicycle, and scooter accidents, in which a victim is killed through negligent conduct;
- Products that are dangerous because of defects in design, manufacturing, or errors in labeling;
- Medical malpractice and errors in providing quality patient care;
- Workplace accidents; and,
- Many others.
Monetary Damages for Your Losses
If you’re successful in proving the four elements described above, you could be entitled to compensation if you’re a surviving spouse or other family member of the decedent.
Your monetary damages may include such out-of-pocket expenses as funeral and burial costs, and amounts for medical bills. However, you may also recover for your personal losses, such as comfort, care, emotional support, and companionship.
Reach Out to a Nashua, NH Wrongful Death Lawyer For Guidance
Hopefully, these examples of wrongful death cases and related information help you understand the basics. However, there are many challenging legal issues involved with these claims.