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How do I prepare for a wrongful death case?

On Behalf of | Jan 24, 2025 | Personal Injury |

When a person dies in an accident, the family members left behind will want to know if it was avoidable and another person’s negligence contributed to the death. If they believe that the death was preventable or happened due to another’s behavior, they have the option of filing a wrongful death case.

The aftermath of a loved one’s death is an undoubtedly emotional time. Thinking about legal options might not be the priority. However, it is essential to understand the tenets of a wrongful death case. A key part of that is knowing how to prepare. From the outset, having advice in moving forward is imperative.

Know the law and how to pursue a wrongful death case

New Hampshire has several statutes related to wrongful death claims. Those considering filing a claim should be aware of these laws and what they entail. The death could have come because of an accident or another person’s intent.

An example of the justification for a wrongful death claim after an auto accident could be based on another driver’s negligence. If they were driving under the influence at the time of a crash or were distracted, it can warrant a claim. Perhaps the decedent was crossing the street as a pedestrian, had a “walk” signal and a distracted driver crashed into them. Another example would be a medical error like wrong site surgery, a medication error or misdiagnosis that resulted in a patient’s death.

People who have grown accustomed to watching courtroom television shows and films might be under the impression that a case needs to be proven beyond a reasonable doubt to win. That is only in a criminal case. With a civil filing like a wrongful death or personal injury claim, all the plaintiff needs to show is that the defendant was more likely than not at fault.

When filing a wrongful death claim, it is critical to understand how damages are calculated. The court will need to know the following:

  • How much mental and physical pain the decedent suffered from the injury
  • The expenses the plaintiff faces because of the incident
  • How long the person would have been expected to live had they not been injured and lost their life
  • Their likely income during their working life

In addition, the court can look at how the plaintiff’s life was changed because of the person’s death. For example, if it is a spouse who is filing the claim, they will have lost companionship, society and comfort. The same is true for children of a lost parent.

Know how to prepare for a wrongful death case

Any legal claim hinges on a variety of factors including the law itself, the circumstances that led to the lawsuit, and the evidence as to what happened and why. With a wrongful death case, it is vital to be fully prepared in every aspect.

Whether it was an auto accident, a medical error, a harmful product, a work accident or even a criminal act, those left behind have rights. Contacting professionals who understand how to pursue compensation can be helpful.