Wrongful Death: What New Hampshire Recognizes as a Wrongful Death Claim
Death due to the negligence of another individual’s actions is grounds for filing a wrongful death claim.
In the state of NH, reckless behavior or actions of another individual that results in another person’s death is considered a wrongful death. It is also important to note that claiming wrongful death can also be recognized as a Personal Injury claim. This is due to the injured party being unable to file their own claim or bring their own case to court.
The deceased person is not able to seek their own justice and therefore, a claim is filed in the estate of the individual who has passed away. Civil claims may also be filed at this time as well. The party filing the deceased person’s claim is typically another loved one or a family member.
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Filing a Wrongful Death Claim: Who Can File?
To file a wrongful death claim in NH, you must be “any person interested in the estate of a deceased” as stated by the New Hampshire Revised Statutes section 556:19. Other states restrict who is able to file a wrongful death claim. In other states, it may be those who are surviving family members of the deceased filing a claim. In New Hampshire, anyone who has a legal interest in the estate of the deceased individual may be able to file.
Wrongful death claims are civil suits. In the state of NH, the filing must take place in civil court and the individual with legal interest must directly file. In the case of manslaughter or murder, an attorney would file, thus creating the difference between a wrongful death claim and a criminal charge. If a prosecuting attorney is filing, a wrongful death claim may still be filed. Understand that there are two different pursuits within the same case.
Seeking Damages in the case of Wrongful Death in NH
A large question that many parties are seeking to answer is who is entitled to damages. The amounts of damages in a wrongful death claim are determined based on the case. The damages that are available are:
- Suffering & pain
- Funeral & burial expenses
- Medical
- Earnings or compensation
Factors that are considered in determining damages includes an estimate of how much longer the deceased individual may have lived if the wrongful death had not occurred.
Surviving family members and spouses may also seek damages. Damages that are sought by family members or spouses may also include loss of companionship. There are limitations to these damages and damages are limited to $150,000. If the spouse is at fault by any means, the amount will lessen. Surviving family members, such as children, may receive similar damages.
The Time Limit for Filing a NH Wrongful Death Claim
Within six years of the date of death, a claim must be brought to civil court. In the event of not filing on time, the case will not be heard in court. This limit does apply to new wrongful death claims. If a claim could have been filed while the deceased individual was still alive but cannot be filed now due to death, those claims are further limited. It is best to reach out to our attorneys to understand how to file your loved ones claims.
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