Any accident or serious injury can be traumatic for both the injured party and their loved ones. Nothing is more tragic, however, than losing a loved one, whether the death occurred immediately or subsequently due to the injuries.
At the Injury Law Center® we understand how difficult this can be for the loved ones the victim has been left behind. If you are a spouse, child, or other relative of the deceased, you may be entitled to hold the responsible party liable and recover compensation to cover costs. While monetary compensation will never truly replace your loved one, it can help you navigate this difficult time and cover all necessary expenses.
Contact a New Hampshire wrongful death attorney at the Injury Law Center® today at (603) 883-4100. We are here for you.What Constitutes a Wrongful Death Claim?
After identifying that there was negligent conduct or a breach of warranty on behalf of the defendant, a wrongful death action may be brought in the following instances:
- The accident and injuries were so severe that the victim died upon impact or immediately at the scene;
- The accident and injuries were so severe as to significantly incapacitate the victim who died from said injuries at a later date;
- The defendant's conduct was so extreme and intentional, it caused severe emotional distress upon the plaintiff so as to cause the plaintiff to commit suicide.
The latter may apply to victims of severe bullying who ultimately and tragically decide to end their life. It is important to remember that there are very strict filing deadlines for cases involving wrongful death, so it is crucial that you act quickly to preserve your rights.Damages in Wrongful Death Claims
In cases of negligent conduct or breach of warranty, the survivors and / or administrator of the deceased's estate may bring an action for damages. There are two portions of a wrongful death claim.
The first portion is for damages actually suffered by the deceased. These damages include:
- Mental and physical pain suffered by the deceased
- Reasonable expenses occasioned to the estate (medical expenses, funeral expenses etc.)
- Probable duration of life but for the injury
- Capacity to earn money during deceased's party's probably working life.
The second portion is for damages suffered by the survivors. For a spouse, this can include the loss of comfort, society, and companionship from the deceased. A child may also recover loss of consortium for losing a parent.
For a parent who lost a child, the parent is not entitled to any portion of an award or out of court settlement if said parent failed to pay child support. The parent would only be able to recover after the parent had paid in full any child support arrearages owed.Did You Lose a Loved One in a Tragic Accident?
If you lost a spouse, child, or relative in a tragic accident due to the negligence of another, you may be entitled to bring a wrongful death action. There are strict filing limitations and other statutory limitations in these cases. A New Hampshire wrongful death lawyer can help you preserve your rights, your case, and fight to recover compensation for the losses suffered.
We understand that this is a very difficult time for you and your family. To discuss your case and your rights, contact the Injury Law Center® at (603) 883-4100.