Wrongful Death Claims

Moving on from the passing of a loved one is extremely difficult, but it’s especially tough when a loved one dies as a result of someone’s carelessness. It is a sudden and tragic situation that can leave the surviving family bearing the overwhelming weight of leftover medical bills and the unexpected loss of emotional and financial support. The implications can be devastating on many levels.

You have a right to be angry when your loved one is taken away too soon due to someone’s negligence. At Simmons & Ortlieb, our attorneys understand how important it is to our clients to obtain justice and seek accountability. We work tenaciously on your behalf to hold negligent drivers, truckers, and property owners responsible when their carelessness caused a wrongful death. That’s why many families in Hampton and the Seacoast turn to Simmons & Ortlieb’s wrongful death attorneys; they know that our wrongful death lawyer in Hampton will stand up for them and their deceased loved ones.

New Hampshire Wrongful Death Law

When an individual or a company acts carelessly and causes the death of another — whether as a result of a truck, car, motorcycle, bicycle or pedestrian accident or due to a hazardous property or construction site condition — the family of the deceased may bring a wrongful death claim against that individual or company. New Hampshire Revised Statutes section 556:19 allows “any person interested in the estate of a deceased” to file a wrongful death claim. Unlike other states which restrict the right to file a wrongful death claim to the executor of the estate or surviving family members, New Hampshire allows anyone with a legal interest in the deceased person’s estate to protect that interest by filing a wrongful death claim.

A wrongful death may have both civil and criminal actions associated with it. A wrongful death claim is a civil action brought by an individual that is filed in a New Hampshire civil court seeking monetary damages. This is different than a criminal charge for murder or manslaughter, which is brought by the State, and seeks criminal penalties like incarceration. However, a civil wrongful death claim may be filed even if criminal charges are pending in the same case.

Damages in a Wrongful Death Claim

New Hampshire Revised Statutes section 556:12 governs the types of damages available in a wrongful death claim in New Hampshire. While every case is fact-specific, in general the types of damages that may be available in a New Hampshire wrongful death claim include:

• Medical, funeral, and burial expenses;
• Any pain and suffering that the deceased endured prior to death; and
• Compensation for lost earnings that the deceased would reasonably have expected to have earned over the course of his/her lifetime.

A surviving spouse may also be entitled to damages for what is called loss of consortium (the comfort, care, companionship, and guidance of the deceased) up to $150,000.

Surviving children under age 18 are likewise entitled to damages for the loss of familial relationship. These damages are limited under New Hampshire law to $150,000.

Compassionate Representation for Grieving Families

We understand that during such a painful time, legal matters can feel overwhelming. That’s why at Simmons & Ortlieb, PLLC, we offer compassionate, personalized service. Our attorneys take the time to listen to your story, answer your questions, and guide you through every step of the legal process with care and respect. We are prepared to vigorously investigate your wrongful death claim, including bringing in necessary experts to reconstruct how the accident happened, who was at fault, and calculate the amount of economic harm you and your loved ones have suffered. We are committed to easing your burden as much as possible, allowing you to focus on healing while we focus on securing justice for your loved one.

We offer free consultations and are committed to our clients. Let us fight for justice and financial security on your behalf — so you can focus on honoring your loved one’s memory and rebuilding your life.

Learn more about our work helping New Hampshire clients recover after car accidents, motorcycle injuries, and dog attacks—and find out how we can help you.