New Hampshire Wrongful Death Lawyer

How is a wrongful death claim brought in New Hampshire?

Through the estate. New Hampshire generally treats a death claim as an action that continues after death and is brought by the administrator of the estate, rather than by each family member separately.

That means the first legal step is usually opening an estate in the probate court and having an administrator appointed. If the person who died had a will naming an executor, that person usually serves. If not, a family member can ask the court to appoint someone. The administrator then brings the claim and manages any recovery for the estate and the family.

What damages are available in a New Hampshire death case?

The claim can cover both the estate's losses and certain family members' personal losses.

Estate damages may include:

• Medical expenses before death.
• Funeral and burial costs.
• Pain and suffering the person experienced before dying.
• The person's lost earning capacity over their expected lifetime.

Close family members, such as a spouse, children and in some cases parents, may also recover for loss of comfort, society and companionship. These family claims follow their own rules and may have limits, so our team explains what applies to your family.

What fatal accidents lead to claims in New Hampshire?

Many New Hampshire death claims come from crashes, falls and medical errors. Rural roads, winter weather and outdoor recreation shape the risks.

Common examples include:

• Head-on crashes on two-lane roads and highway collisions on I-93.
• Motorcycle crashes on mountain routes and during rally week.
• Truck and logging truck crashes.
• Falls from decks, stairs and balconies.
• Drownings at lakes and the Seacoast.
• Missed diagnosis or delayed treatment.

When a death happened at work, workers' compensation death benefits are usually available and generally prevent a suit against the employer. A separate claim may still exist against a contractor, equipment maker or driver.

How does fault affect a New Hampshire death claim?

The recovery is reduced by the percentage of fault assigned to the person who died, and nothing is recovered if that share is greater than 50%.

Here is an example. A woman is killed when a driver crosses the center line on Route 16 in the North Country. Damages total $900,000. The driver's insurer argues she was driving too fast for the wet road. If a jury assigns her 10% of the fault, the recovery is $810,000. If it assigns her 51%, the recovery is zero. Because she cannot explain what happened, crash reconstruction, vehicle data and witnesses carry the case. If the driver was uninsured, which is possible in New Hampshire, uninsured motorist coverage may be the main source of payment.

How long does a family have to file?

Generally three years. That deadline applies to most New Hampshire death claims, but some cases have additional steps.

Death claims involving medical care require expert support and may involve a different deadline for the underlying malpractice claim. Claims involving government bodies may face special rules. Opening the estate takes time, so start early. Our New Hampshire medical malpractice page explains those claims.

Does a criminal case affect the civil claim?

The two cases are separate. A criminal case seeks punishment, while the family's civil claim seeks compensation and uses a lower standard of proof.

A conviction can help the civil case, and police evidence may be useful. But the family does not have to wait for the criminal case to finish, and the civil deadline keeps running.

Families sometimes worry that a civil claim will interfere with the prosecution. In practice, the two can usually move forward side by side, and our team can coordinate with prosecutors and victim advocates about timing and evidence. A civil case can also succeed when no charges are ever filed, or when a defendant is acquitted, because the civil standard asks only whether the claim is more likely true than not. Restitution ordered in a criminal case, if any, is usually far smaller than the losses a civil claim can address.

What should a grieving family do first?

Take time to grieve, and let our team handle the legal steps.

1. Gather the death certificate, police report and medical records.
2. Keep insurance letters and avoid recorded statements.
3. Save pay records and tax returns.
4. Talk with our team about opening the estate.

Learn more on our wrongful death practice page and our New Hampshire injury law overview. Our car accident page explains how uninsured driver issues are handled.