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Key points to remember before filing a wrongful death claim

On Behalf of | Oct 2, 2023 | Personal Injury |

Losing a loved one unexpectedly is always a shock. If the death occurs in an accident or incident that came about due to the negligence of another, it is even worse. For people in New Hampshire and Vermont, they might be unsure of what to do in the aftermath. This includes dealing with their loved one’s affairs and thinking about whether a wrongful death claim is a wise option.

The legal elements of a wrongful death case are essentially the same in both New Hampshire and Vermont. Still, people who are weighing the merits of a claim need to know the tenets and take the proper steps to have a good chance of making a successful case.

Know the facts about a wrongful death claim

A wrongful death claim must be filed within a certain time frame. In Vermont, the statute of limitations is two years; in New Hampshire, it is three. Anyone who had a connection to the decedent can pursue a claim seeking damages. It could be a spouse, a parent, a sibling, a child or anyone related to the person.

The wrongful death case can seek compensation for lost financial contribution and for other matters like losing companionship and guidance. The case can be filed against whomever might have been responsible for the person losing their life.

If they went to a doctor and a mistake made the person ill or caused them to suffer a condition eventually leading to their demise, then a wrongful death claim can be filed against the doctor and other entities who might have been involved.

If there was an auto accident because a driver was drunk, speeding or distracted, they can be sued in a wrongful death claim. Other reasons for a wrongful death claim include a negligent employer, the owner of a dangerous property, makers of defective products and companies that created poorly designed items. Food that was contaminated, an automobile that had faulty brakes or a property that needed repairs that were not done could all be justifications for a case.

A wrongful death claim can help those left behind

In addition to the emotional impact that an untimely, unexpected and unnecessary death, people will suffer financial loss. That stems from the contribution that was taken away because of another person or entity’s negligence. In these circumstances, a wrongful death claim will not assuage the pain of the loved one’s death, but it can help with moving forward, covering for what was lost and making sure those whose actions or lack thereof led to the death are held accountable.