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Why and how does a person file a wrongful death lawsuit?

| Jan 25, 2019 | Wrongful Death |

There is nothing more shocking and saddening than a sudden death in the family. In the case that someone else caused a death, some families may need financial support to replace the material security offered by the deceased person.

Why would a person be sued for wrongful death?

A person must admit or be found to have legal liability for a death in order to be responsible for a wrongful death claim. This liability is either through intention to cause harm, willful negligence in an accident or the failure to perform a vital act that may have prevented a death.

Who can bring a case for wrongful death to court or settlement?

Since the victim of a wrongful death must be represented, a person or entity who is legally recognized as the representative of the victim’s estate is the only one who can bring a case in civil court. This may be the widow, widower, child or trustee of the deceased person.

What can a person expect in compensation for wrongful death?

Financial compensation after a wrongful death can never make up for the loss of a life, but it can attempt to replace the financial value of a person’s life at the time of his or her death. This may include the value of income, financial support and companionship expected of a person during a natural lifespan.

How can I start a wrongful death lawsuit?

New Hampshire has its own procedures for filing a claim in civil court, just like every state in the country. An attorney can help guide plaintiffs through this process and may increase the chances of a successful claim.


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