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How does wrongful death work in New Hampshire?

| May 8, 2019 | Wrongful Death |

It’s always hard to deal with death. It’s especially hard when you don’t see it coming and when someone else may be responsible. Although it is often hollow comfort, financial damages can help with recovery.

Who can sue for wrongful death in New Hampshire?

The statute allows the estate of the deceased person to sue for wrongful death exclusively. The person who is the administrator or executor of the estate has the power to initiate a claim or lawsuit. This may be a close family member or an attorney appointed to the task.

Why does this matter to people who may sue?

Since lawsuits are to benefit the estate, the principle renders moot any share of responsibility or necessity for damages. This simplifies the claims that may prove the negligence or willful behavior at the basis of a lawsuit.

How long does a family member or estate have to sue for wrongful death?

New Hampshire’s state code generally gives survivors three years for wrongful death actions. This is within a general statute of limitations for personal actions in civil court.

Who might be legally liable for wrongful death?

An employer might be responsible for the actions of an employee under their direct control who acted within the scope of employment when someone was injured or killed. This is generally true if the employer was negligent in the due diligence or training that could have prevented the tragic incident in question. This is called vicarious liability in New Hampshire law.

Who can help with a wrongful death lawsuit?

An attorney may be the best ally in this difficult time. Legal representation may increase the chances of a successful claim.


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