On Behalf of Buckley Law Offices, P.C.
Quick Summary
There is no good time to read this article. If you're here, you've already lost someone, and now you're trying to figure out whether the law can help your family, even a little. It can. But the process for pursuing a wrongful death claim in New Hampshire is specific, the deadlines are real, and the insurance companies move quickly even when families are still in shock.
Who Can Bring a Wrongful Death Claim in New Hampshire
Under New Hampshire RSA 556:12, a wrongful death action is brought by the administrator or executor of the deceased person's estate. The damages recovered go to the beneficiaries under the estate, in most situations the spouse, children, or parents of the person who died.
If no estate has been opened, one may need to be opened for purposes of the claim. An attorney can help with this process.
One thing that often surprises families: the wrongful death claim and any claim for the deceased person's own pre-death suffering are separate legal actions in New Hampshire. Both can be pursued together, but they are distinct, and making sure both are properly filed and preserved is part of what an attorney handles from the start.
What Damages Can Be Recovered
New Hampshire wrongful death law allows recovery for both economic and non-economic losses. Economic damages include medical expenses incurred before death, funeral and burial costs, and the lost financial support the deceased would have provided to their family.
Non-economic damages cover the loss of companionship, care, guidance, and the relationship itself. If the deceased was a parent, the law recognizes that a child loses not just financial support but a lifetime of parenting. If they were a spouse, the law recognizes what that partnership meant.
New Hampshire also allows a claim for the deceased person's pain and suffering before death, if they survived for any period after the accident.
Calculating the full value of what was lost takes more than adding up bills. Economists, vocational experts, and life care planners are sometimes brought in to project what the deceased would have earned, contributed, and provided over a lifetime. In cases where the surviving family includes young children, that projection can be substantial. Getting it right matters, because once a case settles, there is no going back.
The Statute of Limitations for Wrongful Death in New Hampshire
You have three years from the date of death to file a wrongful death claim in New Hampshire. Three years sounds long. It isn't. Gathering evidence, building a case, and handling probate takes time.
More immediately: the insurance company representing the at-fault party is already working. They're documenting the scene, collecting statements, and building a defense. Every day your family waits without legal representation is a day they work without opposition.
There are also situations where the three-year window is shorter. If a government entity, a municipal vehicle, or a public employee was involved in the death, notice of claim requirements may apply within a much tighter timeframe. If you are unsure whether a government party was involved, assume the clock is tighter than three years and get that question answered quickly.
How These Cases Work Against Large Defendants
When the cause of death involved a commercial vehicle, a corporate property, or a business, you're up against experienced defense teams whose entire job is to minimize what families receive. They're skilled at arguing shared fault, disputing damages, and dragging cases out.
Dave Buckley understands how these defendants operate. He investigates fully, preserves evidence, and builds a case that reflects the true cost of what your family has lost, not the number the insurance company wants to offer.
These cases also require a different standard of proof than a criminal case. Even if no one was charged, or charges were dropped, a wrongful death claim can still succeed. Civil liability and criminal liability are separate. Families who were told there was nothing to pursue criminally sometimes still have a viable civil case worth fighting for.
What the Process Looks Like, Practically
It starts with a conversation. You describe what happened. An attorney reviews the facts, explains whether you have a viable claim, and outlines what the process would involve. There is no cost to this conversation.
If you move forward, the attorney handles the legal work while you focus on your family. Investigations, document gathering, insurance negotiations, all managed on your behalf. Attorney fees in wrongful death cases are contingency-based: you pay nothing unless there's a recovery.
Buckley Law Offices Handles Slip And Fall Cases Throughout New Hampshire
Every wrongful death case is different. Some involve clear-cut liability. Others are complex, with multiple parties, disputed facts, or insurance companies that deny everything early and hope the family walks away. Whatever the situation, the first step is the same: talk to someone who can look at the facts and tell you honestly what your family is dealing with.
Call Buckley! Call (603) 836-5483
