If a person is killed in an automobile accident or other incident which due to the fault and negligence of another person, the Estate of the decedent may pursue what is known as a wrongful death case. The first step is for an admininstrator to be named for the Estate. This is done in probate court. Next, the claim is presented on behalf of the Estate. Under New Hampshire law, spouses and minor children of the decedent have their own separate claims. Damages are controlled by state statute (RSA 556) and interpretive case law. In short, the Estate is entitled to damages for economic loss to the Estate, medical and funeral bills, conscious pain and suffering of the decedent, and loss of the enjoyment of life of the decedent. The spouse and/or children are entitled to capped damages for loss of consortium. I am currently handling several wrongful death negligence actions, and these can be emotional, difficult and complicated matters. As in most cases, as difficult as it may be, the sooner an attorney is contacted to assist the better. We can provide a variety of services in addition to simply pursuing the wrongful death claim, and the fee for these services is typically included in the overall contingency fee for the wrongful death action.
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