Nashua Wrongful Death Lawyer
Compassionate & Experienced Legal Counsel
When a loved one dies, the emotional toll is overwhelming. The family may also face financial hardship due to the loss of the loved one’s income and benefits, as well as the loss of the loved one’s companionship, guidance, and support.
At Shaheen & Gordon, P.A., we understand the pain, suffering, and hardships that families experience when a loved one is lost due to the negligence or misconduct of another. Our Nashua wrongful death attorneys are here to help you and your family through this difficult time. We are committed to helping you obtain the justice and compensation you deserve.
What is a Wrongful Death Claim?
A wrongful death claim is a type of personal injury claim that is brought by the family of a person who has died due to the negligence or misconduct of another person, company, or entity. In a wrongful death claim, the family seeks to hold the responsible party accountable for their negligence and recover compensation for the losses they have suffered as a result of the death of their loved one.
To succeed in a wrongful death claim, several common elements typically need to be proven:
- Duty of Care: The plaintiff must establish that the defendant owed a duty of care to the deceased. This duty could be a legal obligation to act reasonably or responsibly in a particular situation.
- Breach of Duty: It must be shown that the defendant breached that duty of care through negligence, recklessness, or intentional actions.
- Causation: There needs to be a direct link between the defendant’s actions or negligence and the death of the individual. The plaintiff must demonstrate that the defendant’s actions were the direct cause of the death.
- Damages: The death must have resulted in quantifiable damages to the surviving family members or beneficiaries. This can include financial losses such as lost income, medical expenses, funeral and burial costs, as well as emotional suffering, the decedent’s loss of enjoyment of life, pain and suffering, and loss of companionship.
Under New Hampshire law, a wrongful death claim may be brought by “any person interested in the estate of a deceased person.” Usually a spouse, child, or sibling.
What Types of Damages Are Available in a Wrongful Death Claim?
In a wrongful death claim, the family may seek to recover compensation for both economic and non-economic damages. Economic damages are the financial losses that the family has suffered as a result of the death of their loved one. Non-economic damages are the emotional losses that the family has suffered as a result of the death of their loved one.
Examples of economic damages that may be recovered in a wrongful death claim include:
- Medical expenses
- Funeral and burial expenses
- Loss of the deceased person’s income and benefits
- Loss of the deceased person’s household services
Examples of non-economic damages that may be recovered in a wrongful death claim include:
- Loss of the deceased person’s companionship, guidance, and support
- Loss of the deceased person’s love and affection
- Loss of the deceased person’s society
- Loss of the deceased person’s consortium
In some cases, the family may also be able to recover punitive damages. Punitive damages are not intended to compensate the family for their losses. Instead, they are intended to punish the wrongdoer and deter others from engaging in similar conduct.
How Long Do I Have to File a Wrongful Death Claim in New Hampshire?
In New Hampshire, a wrongful death claim must be filed within three years of the date of the death. If the claim is not filed within three years, it will be time-barred and the family will be unable to recover compensation for their losses.
How Can a Wrongful Death Attorney Help?
A wrongful death claim can be complex and time-consuming. It can also be emotionally draining. An experienced wrongful death attorney can help you and your family through the process. An attorney can handle all aspects of the case, including gathering evidence, interviewing witnesses, and negotiating with the insurance company. An attorney can also help you and your family maximize your entitled compensation.
At Shaheen & Gordon, we have been helping families in New Hampshire for more than 40 years. We have the knowledge, skill, and resources to handle even the most complex wrongful death cases. Do not hesitate to let us fight for you and your family inside and outside the courtroom.
