Wrongful Death Representation in New Hampshire
Apis Law represents families pursuing wrongful death claims throughout New Hampshire arising from negligence, unsafe premises, motor vehicle crashes, defective products, and other preventable conduct. These cases require careful reconstruction of the event, a clear understanding of the statutory framework under RSA 556, and a focused analysis of causation, damages, and liability. Wrongful death litigation demands sensitivity, precision, and the ability to manage complex factual and legal issues while protecting the interests of the decedent’s estate and beneficiaries.
Understanding Wrongful Death Claims Under New Hampshire Law
New Hampshire’s wrongful death statute, RSA 556:12–14, allows the estate of a deceased person to recover damages when death results from another party’s negligent, reckless, or intentional conduct. Key components include:
• Standing: The administrator or executor of the estate brings the claim.
• Liability: The plaintiff must prove that the defendant’s conduct caused the death and would have supported a personal injury action had the victim survived.
• Damages: RSA 556 allows recovery for medical bills, conscious pain and suffering before death, lost earning capacity, funeral expenses, and loss of familial relationship depending on the circumstances.
Each case requires detailed factual development, including review of accident reports, medical records, expert opinions, witness testimony, and the decedent’s life circumstances.
Common Causes of Wrongful Death
Fatalities caused by negligent driving, impaired operation, speeding, or commercial vehicle violations often involve complex accident reconstruction and insurance analysis.
Falls, structural failures, building code violations, and unsafe walkways may support a wrongful death claim where hazardous conditions were known or should have been corrected.
Cases involving unsafe jobsite conditions, fall hazards, lack of protective equipment, or OSHA violations. These claims may involve third-party liability beyond workers’ compensation.
Defective Products
Claims involving machinery failures, automotive defects, unsafe consumer products, or inadequate warnings.
Where appropriate, cases may involve improper care, delays, or failures in medical treatment. These matters require expert review and strict procedural compliance.
Legal Challenges in Wrongful Death Litigation
Wrongful death cases require careful management due to:
• Causation Disputes: Establishing the precise mechanism of injury and the medical sequence leading to death.
• Multiple Defendants: Commercial entities, contractors, property owners, and insurers may share responsibility.
• Estate Administration: A personal representative must be appointed before litigation can begin.
• Insurance Coverage Issues: Potential layering of policies, UM/UIM coverage, or commercial general liability disputes.
• Damages Proof: Demonstrating economic and non-economic loss through expert testimony, employment history, medical evidence, and family impact.
These cases often involve substantial documentary evidence, expert opinions, and early preservation of key records, digital data, and physical evidence.
Apis Law’s Approach to Wrongful Death Litigation
Apis Law conducts a structured and evidence-driven approach to wrongful death cases:
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Immediate evidence preservation and scene analysis
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Comprehensive accident reconstruction and expert consultation
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Investigation of code violations, regulatory breaches, or prior similar incidents
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Detailed review of medical causation and treatment sequence
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Careful assessment of economic loss, life expectancy, and earning capacity
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Strategic litigation focused on accountability and compliance with RSA 556
The firm ensures that all aspects of liability, causation, and damages are fully developed before negotiation or litigation.
Guidance for Families Pursuing a Wrongful Death Claim
Families should consider the following steps:
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Obtain the death certificate and secure relevant medical records
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Identify any witnesses and preserve communications or photographs
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Retain legal counsel early to protect evidence and manage estate administration
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Avoid speaking with insurance representatives before the consultation
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Maintain documentation regarding the decedent’s employment, earnings, and financial contributions
Wrongful death claims benefit from early legal intervention to assemble necessary testimony, preserve digital evidence, and avoid statutory deadlines.
Contact Apis Law
If your family has lost a loved one due to another party’s negligence, contact Apis Law to discuss the legal process, your rights under RSA 556, and the steps required to protect the estate’s claims.