Wrongful Death

New Hampshire Wrongful Death Attorneys

By Your Side After Tragedy Since 1987

When someone dies in an accident in New Hampshire, Wyskiel, Boc, Tillinghast & Bolduc, P.A. is there to help families get the compensation they need to pick up the pieces of their lives. Our New Hampshire wrongful death attorneys have substantial experience in representing clients in wrongful death cases after a variety of accidents, from car crashes to skiing accidents. When a loved one has sustained an injury resulting in death, there are many things an attorney needs to do to make sure that the deceased’s family and loved ones get aggressive legal representation. We can file a personal injury claim and get the compensation you need to pay your bills and ensure justice is served.

Contact our team online or by phone at (603) 742-5222 to schedule a free consultation with an attorney. We provide client-focused service and can do all we can to make this an easier, convenient process during a difficult time.

What is Considered Wrongful Death?

Wrongful death cases are when you can prove that someone's someone's negligent actions caused the accident that caused the death.

Common Wrongful Death Cases

A wrongful death case can result either from a person dying at the scene of their accident or suffering severe injuries and later dying from them in the hospital. Any accident can lead to death depending on factors like how much force was involved, whether victims were protected by safety features or not, and what kind of injury occurred.

Wrongful death actions often occur in trucking accidents because heavy equipment and large vehicles can result in tragic circumstances—getting hit by an 80,000-pound truck is a much different experience than being hit by a typical 3,000-pound car. Some types of truck accidents are also inherently more dangerous, such as rollovers, jackknifing, and underride accidents.

Slip and fall accidents can even cause wrongful death when the victim lands in a certain way. Older adults who fall and break their hips are more likely to suffer from complications that lead to death, and falling on one’s head can cause permanent brain damage or result in a vegetative state.

Motorcycle accidents are often the cause of death cases because of the lack of protection motorcyclists have. While occupants of vehicles are protected by seat belts and airbags, motorcycle riders have little else preventing severe injuries beyond a helmet. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists were 29 times more likely than passenger vehicle occupants to die in motor vehicle accidents in 2019.

Our Personal Injury Lawyers

Serving NH, ME, MA, & VT

Who Can File for Wrongful Death in New Hampshire?

States generally have jurisdiction when it comes to determining who can file a wrongful death claim on behalf of their loved one. Many states only allow the personal representative of the deceased’s estate to file a wrongful death claim on behalf of the family, while others allow surviving family members like spouses and children to file claims.

New Hampshire is unique in that it allows "any person interested in the estate of a deceased" to file a wrongful death claim in court. This means that anyone with a legal interest in the estate is able to file a wrongful death claim to protect that interest.

Not all states follow this rule, though, which is why it’s important to contact our lawyers if you’re located elsewhere in New England. We can help you determine if you qualify to file a claim for compensation.

How Much Time Do I Have to File a Claim?

States are also allowed to set their own deadlines to file personal injury claims that are referred to as “statutes of limitations.” In New Hampshire, individuals have six years from the date of death to bring a wrongful death claim to court, meaning that filing your claim just one day past the deadline will most likely result in your claim being rejected.

To prevent missing your opportunity to get justice for your loved one’s death and recover damages, we recommend getting started on your case sooner, rather than later. Our lawyers have the resources and knowledge to get to work quickly so we can gather evidence before it’s gone for good.

Why Do I Need a Lawyer?

Whether your loved one is involved in an industrial accident, a road crew accident, or a bicycling accident, wrongful death is one of the most challenging types of cases because the damages in such cases can be so high. Insurance carriers will often do everything they can to avoid this high expense. Death cases often require the hiring of economic experts and medical experts to talk about the nature of the death itself and the economic loss that occurs when one of your loved ones is killed as the result of the negligence of another person.

A full understanding of the financial loss of a person or family in a wrongful death case requires an attorney who can put together those facts and persuade an insurance carrier of the value of the person’s earning projections to make sure that family members can be taken care of as a result of a proper and significant recovery.

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FAQ

Common Answers To Your Questions

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 603-742-5222 today!

  • Do I have to pay to meet with an attorney first before I commit?

    No. Our law firm offers free case evaluations to everyone in New Hampshire and throughout New England—it costs you nothing to meet with us to learn more about how lawyers and so we can learn more about you and your case.

  • What do I do after an accident?

    If you’ve been injured in an accident, whether it’s a car crash or after slipping on a wet surface, your priority should be getting medical attention for your injuries—even if your injuries are minor or you’re not feeling any immediate pain. From there, we recommend documenting as much of your accident as possible, from taking photos of the property damage to gathering witness contact information, and then calling our firm to get started on your case. We can begin investigating your accident quickly to ensure important evidence doesn’t disappear over time.

  • How is a wrongful death claim different from a personal injury claim?

    Victims of accidents who survive can file personal injury claims, but when they die in their accidents or later pass away from their injuries, their surviving family members or those who were financially dependent on them can file wrongful death claims. Wrongful death claims can recover most of the damages that personal injury claims recover, including medical bills, lost wages, and property damage, but they can also recover some of the damages the family members incurred, including funeral and burial bills and loss of companionship.

  • What should I say if an insurance adjuster calls me?

    Shortly after an accident, you may receive a phone call from an insurance adjuster. While they may sound nice and say they simply want to understand what happened, insurance adjusters often try to coax certain statements from you so they can limit the amount of liability that falls on their insured. It’s important to get legal representation as soon as possible so your lawyer can handle these calls and you don’t have to risk saying something that may harm your case.

  • How long do I have to file my personal injury claim?

    It’s important for victims to know that they don’t have all the time in the world to file a personal injury lawsuit. The amount of time you have to file a claim depends on the state where the accident and injuries occurred. For example, New Hampshire’s statute of limitations is three years, meaning victims have three years from the date of injury to file a claim successfully. Hiring a personal injury attorney can be beneficial because they understand their state’s various laws, including those governing filing deadlines.