Losing a loved one is always difficult no matter what the circumstances. A sudden, unexpected and wrongful death from an accident or other unforeseen causes can lead to devastation in families. Picking up the pieces after the funeral can be confusing. You may not be sure what you need to do or who to talk to once everything is all over.

A wrongful death can happen anytime, as these accidents did in 2016:

If your loved one died as a result of another’s negligence or transgression, you may be able to sue for compensation. The right New Hampshire lawyer can guide you through the process and work with you to take care of yourself and your family after it’s all over.

What Is A “Wrongful Death?”

The term includes a wide range of injuries that lead to an untimely death, including:

Wrongful death is a civil matter, not a criminal one. New Hampshire personal injury lawyers uses the “preponderance of the evidence” standard to decide civil cases. (A criminal charge, like manslaughter, is filed in criminal court by a prosecuting attorney.) You can file a lawsuit against the responsible parties to recover compensation.

Who Can File A Wrongful Death Claim?

New Hampshire allows anyone “any person interested in the estate of a deceased” to file a wrongful death lawsuit. New Hampshire Revised Statutes section 556:19 indicates that anyone with a legal interest in the deceased’s estate is allowed to file a claim to protect their own interests. This may not just be family members or administrators of the decedent’s estate, but anyone. (Other states restrict the claims to family members or executors.)

People who file a wrongful death claim in New Hampshire are typically:


Wrongful death is a personal injury suit filed on behalf of a deceased individual. Just as if the deceased were filing their own suit, a wrongful death suit can include damages for:

Additionally, a surviving family member can include in their lawsuit:

Six Year Statute Of Limitations

Standard personal injury cases have a three-year time frame. But New Hampshire allows six years from the date of the deceased death to file a wrongful death lawsuit against another party. After the six years the case will no longer be heard.

If you’re considering filing a wrongful death suit, it’s imperative to act quickly. Even though six years is a long time, court filings, discovery, document gathering and other parts of a lawsuit may take some time. Contact an experienced attorney as soon as you’re ready to start the process.

We’re Here To Help

At Cohen & Winters, we will work to help you through this difficult time. We’ll handle your case with the respect and care your loved one deserves. When you meet with us, we’ll explain what we can do and how we can help. We keep you informed of your case’s progress. Call us today at 603-556-8158 to schedule your free consultation. We serve clients in throughout New Hampshire and we’re ready to work with you.


This post was written by Amy

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