Wrongful Death

New Hampshire and Massachusetts Wrongful Death Attorneys

Wrongful Death in New Hampshire or Massachusetts?

If you have recently lost a loved one, we at Buckley Law Offices would like to extend our deepest condolences. We personally understand the absolute devastation and grief of losing a loved one under understandable circumstances, but in the case of wrongful death we have seen how these losses dramatically affect the loved ones who are left behind. If your loved one died due to the actions of another person or entity, Buckley Law Offices can help you.

Buckley Law Offices offers dedicated legal assistance to people suffering from wrongful death of a loved one. We have a proven track record of excellence, dedication and commitment in assisting residents of New Hampshire and Massachusetts surviving this tragic type of loss. We strive to pursue justice and will aggressively pursue just compensation. If you have suffered the wrongful death of a loved one or partner, we encourage you to speak with our lawyer.

Wrongful death

What is Wrongful Death?

Wrongful death is an umbrella term. It covers any death that wrongfully occurred due to accident, negligence, or malpractice. Here are some common subtypes of wrongful death claims:

  • Pharmaceutical Overdose or Complication
  • Medical Malpractice or Misdiagnosis Leading to Death
  • Workplace Accidents
  • Reckless Driving
  • Drunk or Drugged Driving
  • Death after use of Defective Product
  • Pedestrian Accidents
  • Bicycle Accidents
  • Truck Accidents
  • Boating Accidents
  • Death after Negligent Supervision (such as at a daycare or in a nursing home)

Since wrongful death is such an expansive category, if you have suffered the loss of a loved one it is paramount you align yourself with a strong legal team who can bring facts and experience to your case.

Who Can Sue for Wrongful Death?

Wrongful death lawsuits can become complicated. One of the first ways they can become complicated is when you consider how many people may be eligible to file the claim. There are a few specific family members who will have the power to do this:

  • Spouses
  • Children
  • Parents of Unmarried Children
  • Life Partners
  • Domestic Partners
  • Financial Dependents
  • Common Law Spouses
  • Others who suffer financially after wrongful death, even if there is no blood or marital relation

In New Hampshire, the wrongful death claim is typically filed by the person left in charge of the deceased’s estate, though there are exceptions to every rule. If there is recovery, then that recovery may be distributed according to the deceased’s will or according to the law if no will exists.

We Will Seek Maximum Compensation for your New Hampshire or Massachusetts Wrongful Death Lawsuit

The purpose of a wrongful death lawsuit is to ensure families of victims of wrongful death can access compensation they need to pay for expenses stemming from the accidental injury and death. We will seek to recover expenses for damages such as:

  • Lost Wages
  • Family Therapy
  • Medical Bills
  • Burial Expenses
  • Emotional Distress
  • Loss of Partnership
  • Mental Anguish
  • Situation Specific Damages such as Punitive Damages

There is nothing more terrible than losing a loved one, but when that loved one was bringing in a reliable income you no longer have access to, it gets all the more difficult. No situation was ever made easier by a lack of money. This is why the Buckley Law Firm believes in seeking maximum potential compensation for the loss of your loved one in your New Hampshire or Massachusetts wrongful death case.

What is the New Hampshire Statute of Limitations for Wrongful Death?

A statute of limitations is legal-speak for the amount of time you have to file your lawsuit after injury or death. New Hampshire’s statute of limitations for wrongful death lawsuits is three years, and in most cases this is counted from the date of the wrongful death in question. However, in some cases exceptions may be made. Wrongful death lawsuits can be among the most complicated and nuanced of lawsuits, so it is paramount you give your legal team as much time as is necessary to form your case. It is very important that you speak with our offices as soon as possible so we can help you create the strongest case possible before your statute of limitations is up.

How to Tell if You Have a Wrongful Death Lawsuit in New Hampshire or Massachusetts

The best way to tell if you have grounds to start a wrongful death lawsuit in the state of New Hampshire or Massachusetts is to contact a law firm for a consultation. Most personal injury lawyers will give you a free consultation, and many of them will work the way we do (we don’t get paid unless you win), but not many of them will have a dedicated wrongful death team working every day with surviving family members and loved ones to recover compensation for wrongful death in the state of New Hampshire or Massachusetts. In fact, we’ve been doing this for over thirty years. Let us show you how we can help. Contact Buckley Law Offices at your earliest convenience to set up your consultation.

Wrongful Death Lawyer New Hampshire: Holding Negligent Parties Accountable for the Loss of a Loved One

The death of a loved one is always a heartbreaking experience, but when it’s caused by the negligence or wrongdoing of another party, it can be even more devastating. In such cases, the law allows families to pursue justice and compensation through a wrongful death claim. As a wrongful death lawyer in New Hampshire, I understand the complexities and emotional challenges that come with these cases, and I’m here to help you navigate the legal process with compassion and expertise.

What is Considered Wrongful Death in New Hampshire?

Wrongful death occurs when a person’s life is cut short due to the negligence, recklessness, or intentional misconduct of another party. A wrongful death claim can arise from various situations, including:

  • Medical Malpractice: If a healthcare professional’s mistake, such as a misdiagnosis or surgical error, leads to a patient’s death, it may be grounds for a wrongful death lawsuit.
  • Motor Vehicle Accidents: Car, truck, or motorcycle accidents caused by a negligent driver, defective vehicle, or poorly maintained road conditions can result in fatal injuries.
  • Workplace Accidents: Unsafe working conditions, lack of proper safety equipment, or employer negligence can lead to fatal accidents on the job.
  • Premises Liability: Fatal slip and falls, drowning incidents, or exposure to hazardous conditions on someone else’s property may be considered wrongful death cases.
  • Defective Products: If a defective product causes a fatal injury, the manufacturer or distributor may be held liable under product liability laws.
  • Criminal Acts: Assault, homicide, or other intentional acts of violence that result in death can also lead to a wrongful death claim in addition to criminal charges.

Understanding Wrongful Death Laws in New Hampshire

New Hampshire has specific laws and regulations that govern wrongful death claims. Knowing these laws can help you understand your rights and what to expect during the legal process.

Who Can File a Wrongful Death Claim in New Hampshire?

In New Hampshire, a wrongful death claim must be filed by the executor or administrator of the deceased’s estate. This person is typically named in the deceased’s will, but if no executor is named, the court can appoint one. The executor acts on behalf of the deceased’s family members, including spouses, children, parents, and other dependents, to pursue compensation.

Statute of Limitations for Wrongful Death Claims in New Hampshire

The statute of limitations for filing a wrongful death claim in New Hampshire is generally three years from the date of death. However, there may be exceptions depending on the circumstances of the case, such as in situations involving medical malpractice or when the cause of death was not immediately apparent. Consulting with a New Hampshire wrongful death attorney as soon as possible can ensure you don’t miss any critical deadlines.

Types of Damages Available in a Wrongful Death Lawsuit

Compensation in a wrongful death lawsuit can include both economic and non-economic damages, such as:

  • Medical Expenses: Costs for medical treatment received prior to death.
  • Funeral and Burial Costs: Expenses associated with the deceased’s funeral and burial.
  • Lost Income and Benefits: Compensation for the loss of the deceased’s income, including future earning potential and lost benefits.
  • Pain and Suffering: Non-economic damages for the emotional pain and suffering endured by the surviving family members.
  • Loss of Companionship: Compensation for the loss of love, companionship, and guidance the deceased would have provided to their family.
  • Punitive Damages: In cases involving egregious negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

The Role of a Wrongful Death Lawyer in New Hampshire

Wrongful death cases are complex and often involve multiple parties, intricate legal procedures, and significant emotional stress. An experienced wrongful death lawyer in New Hampshire will handle all aspects of the case, including:

  • Investigating the Cause of Death: Gathering evidence, reviewing medical records, and consulting with experts to determine how the death occurred and who is responsible.
  • Establishing Negligence or Wrongdoing: Proving that the defendant’s actions or inactions directly caused the death and that they should be held accountable.
  • Calculating the Full Extent of Damages: Assessing the economic and non-economic impact of the loss on the surviving family members.
  • Negotiating with Insurance Companies: Dealing with insurance adjusters who may try to minimize the compensation offered to the family.
  • Representing You in Court: If a fair settlement cannot be reached, your lawyer will represent you in court and advocate for maximum compensation.

Common Challenges in New Hampshire Wrongful Death Cases

Wrongful death cases can present several challenges that make it difficult for families to obtain justice on their own:

  1. Proving Negligence or Liability: Establishing that the defendant was at fault often requires thorough investigation, expert testimony, and the ability to interpret complex legal and medical issues.
  2. Dealing with Insurance Companies: Insurance companies have experienced legal teams whose goal is to protect their financial interests. They may offer low settlements or dispute the claim’s validity.
  3. Emotional and Financial Strain: Grieving families may find it overwhelming to navigate the legal process while coping with their loss. A lawyer can alleviate this burden by handling all legal aspects of the case.

Frequently Asked Questions (FAQs)
About Wrongful Death in New Hampshire

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim seeks compensation for the losses suffered by the surviving family members, such as loss of companionship and financial support. A survival action, on the other hand, is brought on behalf of the deceased’s estate to recover damages that the deceased could have claimed if they had survived, such as medical expenses and pain and suffering experienced prior to death.

How long does a wrongful death case take to resolve in New Hampshire?

The timeline for resolving a wrongful death case varies depending on factors such as the complexity of the case, the willingness of the parties to settle, and the court’s schedule. It can take several months to a few years to reach a resolution.

Can more than one party be held liable in a wrongful death claim?

Yes, multiple parties can be held liable if their actions or negligence contributed to the death. For example, in a medical malpractice wrongful death case, both the doctor and the hospital may be held responsible.

What should I do if I suspect my loved one’s death was due to negligence?

Contact a New Hampshire wrongful death attorney as soon as possible. They will investigate the circumstances of the death, advise you on your legal options, and help you decide the best course of action.

Can I file a wrongful death claim if criminal charges have already been filed?

Yes, a wrongful death claim is a civil action and can be filed regardless of whether criminal charges are filed or if a criminal case is ongoing. The civil case seeks monetary compensation, while the criminal case focuses on punishment.

Contact a Compassionate New Hampshire Wrongful Death Lawyer Today

If you’ve lost a loved one due to someone else’s negligence or wrongdoing, it’s essential to seek legal help as soon as possible. As a dedicated New Hampshire wrongful death lawyer, I’m committed to helping families seek justice and hold negligent parties accountable. Contact me, Dave Buckley, today for a free consultation to discuss your case and explore your legal options.

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