When a loved one dies because of another person’s carelessness or wrongful actions, families often face a wave of emotional, financial, and legal challenges. In New Hampshire, wrongful death laws allow certain family members to file a claim and seek compensation for their loss. Although no amount of money can undo the harm, taking legal action can help with financial recovery and provide a sense of justice.
Who Can File a Wrongful Death Claim in New Hampshire?
Under New Hampshire law, the administrator or executor of the deceased person’s estate is responsible for filing the wrongful death claim. This person may be named in the will or appointed by the court.
While the estate files the claim, the damages awarded are distributed to eligible surviving family members, including the spouse, children, or other dependents.
What Situations Qualify as Wrongful Death?
A wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another person or entity. These cases commonly involve:
- Car or truck accidents
- Motorcycle crashes
- Medical malpractice
- Nursing home negligence
- Fatal workplace incidents
- Criminal behavior
- Dangerous property conditions
- Defective products
If the person could have filed a personal injury lawsuit had they survived, their estate may bring a wrongful death claim.
Types of Damages Recoverable
Wrongful death claims in New Hampshire can include several types of compensation, such as:
- Medical expenses related to the final injury
- Funeral and burial costs
- Loss of the deceased’s income and financial support
- Pain and suffering experienced by the deceased before death
- Loss of companionship, love, and guidance
- Emotional distress of surviving family members
Unlike many states, New Hampshire also allows for enhanced compensatory damages in cases involving willful or wanton conduct.
Statute of Limitations in New Hampshire
The statute of limitations for wrongful death claims in New Hampshire is six years from the date of death. This is longer than many other states, but it’s still crucial to act promptly.
Delays can make it harder to collect evidence and build a strong case, so contacting a lawyer early is recommended.
Wrongful Death and Car Accidents in New Hampshire
Car accidents are a leading cause of wrongful death in the state. Whether caused by speeding, impaired driving, distracted driving, or another form of negligence, fatal collisions often leave families facing overwhelming losses.
New Hampshire uses a modified comparative fault system. If the deceased was less than 51% at fault, the family may still recover damages—but the award will be reduced based on the level of responsibility assigned to the deceased.
Fatal Workplace Accidents in New Hampshire
If someone is killed on the job, their family may be entitled to workers’ compensation death benefits, which include coverage for funeral expenses and partial wage replacement.
If a third party such as a subcontractor or equipment manufacturer contributed to the accident, the family may also pursue a wrongful death lawsuit for additional compensation.
Frequently Asked Questions About Wrongful Death in New Hampshire
Can adult children file a wrongful death claim?
Adult children may benefit from the claim if they are heirs, but the lawsuit itself must be filed by the estate’s administrator or executor.
What if the deceased didn’t have a will?
The court will appoint an administrator to manage the estate and file the wrongful death lawsuit. This is common and does not prevent the family from pursuing justice.
Are punitive damages available?
New Hampshire does not allow traditional punitive damages, but the court can award enhanced compensatory damages for willful or reckless conduct.
Do criminal charges affect the wrongful death claim?
A wrongful death lawsuit is a separate civil case and can proceed even if no criminal charges are filed or if the criminal case ends in acquittal.
Contact a New Hampshire Wrongful Death Attorney Today
If you lost a loved one in an accident caused by someone else’s actions, a wrongful death attorney in New Hampshire can guide you through the legal process. From gathering evidence to negotiating a settlement, a lawyer can help you seek accountability and the financial support your family needs. Reach out today for a free consultation and take the first step toward justice.