Date:November 7, 2016
As Manchester wrongful death attorneys, we often receive questions from people who have lost a loved one due to the wrongful or negligent actions of another. The death of a loved one is difficult under normal circumstances. When the death occurs as a result of someone else’s fault, however, it is traumatic for all involved. Often, family and friends have not had any time to say “good bye” and come to terms with the passing. In terms of the legal matters that may arise after a traumatic death, we have compiled a list of some questions that are frequently asked of us.
If your loved one was injured through no fault of their own and then died from those injuries, the law allows you to file a lawsuit to seek recovery of damages. If your loved one had a personal injury claim and then died due to causes that were not related to the injury accident, the personal injury claim will still be able to be pursued by the loved one’s personal representative or estate executor.
When someone dies due to the negligent actions of another, both civil and criminal cases may be filed separately. In a criminal case, the government seeks to punish the person responsible for your loved one’s death if their behavior falls under those outlined in the state’s criminal code. Civil law cases are filed by one person, such as you, against the person who caused the death, and civil wrongful death cases have to do with allegations of violating the rights and duties owed by people to others. As such, it is possible to file a wrongful death civil lawsuit even if criminal charges are not also filed. Similarly, both a criminal case and a civil lawsuit may proceed separately and simultaneously, and the burden of proof required in the civil matter is a lower one than that required of the prosecutor in the criminal action.
While some states allow the recovery of punitive damages in a wrongful death case, punitive damages are not recoverable under New Hampshire law.
Wrongful death laws vary by state. New Hampshire has its own laws that may differ from those of another state.
Yes, it is still possible to sue even if your loved one did not work. In that case, the question would be looking at the value of other contributions they made to the family.
New Hampshire allows you to bring a lawsuit for your loved one’s pain and suffering.
Yes, you can sue for either. The damages can still be considerable but will be looked at a bit differently.
Has your loved one has passed away as the result of negligent medical care? If so, it is essential that you have competent legal representation from the onset of your case through litigation. Big insurance companies have lawyers looking out for their interests and you should too!
For a free consultation, contact the Manchester wrongful death attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 379-6319, by email at info@MZLawNH.com, or by using the “contact us” or chat feature on our website.
Experienced. Knowledgeable. Personally Committed to Justice.