What Constitutes a “Wrongful Death” Claim

Recently, Dartmouth College settled a wrongful death lawsuit with the parents of a student who was killed while skiing to fulfill a course requirement. In another instance, a New Hampshire widow won a wrongful death a suit when her husband fell overboard on a commercial boat that was hosting a Halloween party and drowned.

Definition and Examples of Wrongful Death

Legally, a wrongful death is when someone’s negligence, or other unjust action, causes the death of another person.
In the skiing accident, the College allegedly shunned their responsibility by leaving the student, a beginning skier, unsupervised on a difficult trail.

In the boating accident, the wife’s wrongful-death attorney proved boat personnel continued  serving her husband alcohol even though he was clearly intoxicated.

Other examples of wrongful death can include car and airplane accidents, medical malpractice, an act of violence or murder, defective products, and work-related deaths due to dangerous working conditions or exposure to toxic substances.

Who Can File a Claim or Lawsuit in a Wrongful Death Case?

New Hampshire law states that only a family member can file a wrongful death lawsuit. This is because family members are usually the ones most affected by the death of the victim, emotionally and financially.

In New Hampshire, damages can be awarded on the basis of medical and funeral expenses, loss of companionship, loss of support and services, and loss of potential inheritance.

What You Need to Know Before Filing

Before filing a wrongful death claim or lawsuit, certain criteria must be met:

  • There has to be a third party who was fully or partially responsible for the death.
  • The third party must be shown to have been negligent.
  • There must be surviving family members as beneficiaries, e.g. parents, spouses, children, or other dependents.
  • Typically, proof of monetary damages are required, e.g., loss of income, because of the victim’s death.

The death of a family member is always tragic. It is one of the reasons why an experienced wrongful death attorney should be consulted. They can take care of your wrongful death lawsuit or claim without your active involvement.
If you think a family member suffered a wrongful death, please call an attorney to assist you in your difficult time.

NH Personal Injury Basics – Part 2: Filing Lawsuits, Final Judgments

If an offending party’s insurance company rejected your attorney’s final offer, he may suggest that you file a lawsuit.

Filing Personal Injury Lawsuits
The Statute of Limitations is the time limit in which an individual can take legal action against an alleged tortfeasor (party accused of committing a wrongful act). For most personal injury cases that occur in New Hampshire, the Statute of Limitations runs for three years; it is of paramount importance that a lawsuit be filed before that time. Your attorney will know the Statute of Limitations for any given injury.

The decision to file a lawsuit has to be well thought out. The actual filing is not difficult, but working on the case and presenting it in open court are always challenging. Your attorney will have to prove that the tortfeasor was indeed liable (at fault) and that your damages (injuries, bills, etc.) are really worth what you are seeking.

Before he files, he will want to discuss the pros and cons with you.

Lawsuit Pros
If insurance negotiations have failed and your attorney believes you have a strong case, he may recommend that you file a lawsuit. You may end up with a greater award than if you had accepted the insurance company’s final offer.

A settlement can be reached before, during and after a lawsuit has been filed. The insurance company may increase their offer to avoid the expense of going to court — especially if they know you have a good case.

Lawsuit Cons
A lawsuit can be expensive, even though the attorney probably took the case on a contingency basis. There are filing fees, perhaps the cost of expert witnesses, the possible need for accident reconstruction, and more.

A lawsuit is time-consuming. Your attorney will need to depose witnesses (take informal testimony under oath), wait for all expert reports to come in, and wait for a court date.

The outcome of a lawsuit is never assured.

With these factors in mind, talk candidly with your attorney. Let him know what your expectations are. An experienced personal injury attorney will let you know if these expectations are reasonable and attainable and will tell you what he considers the chances are of your winning the lawsuit.

How are Injuries Caused by Animals Treated in Lawsuits?

If you’ve been anywhere near a television recently, you’ve probably seen news covering the reveal of Charla Nash, the woman who was brutally attacked by her employer’s 14 year-old chimpanzee, Travis, in February of 2009. According to reports, Nash went to visit her employer, Sandra Herold, when Herold called to ask for her help in containing Travis. When Nash arrived, Travis savagely attacked her, causing her severe disfigurement including the loss of both eyes, both hands, her nose and her lips.

As a result, Nash has sued Herold for $50 million and the state of Connecticut for $150 million in a personal injury suit. Herold’s attorney, however, claims that since Nash was an employee of his client, the suit should be for worker’s compensation and not personal injury. By switching claims, the attorney may be able to shield Herold from personal liability and ultimately lower the possible award to Nash. This would also shift the focus from the duties of pet ownership to employer responsibility and compensation.

So how does this affect you? Although not everyone owns a 200-pound chimpanzee, the story certainly gives rise to questions regarding animal attacks, liability and personal injury suits.

Dog owners especially are targeted for personal injury laws regarding pets. According to the CDC, there are over four million dog bites every year and almost a million of these require some type of medical attention.  While we’d all like to believe that our beloved pets wouldn’t harm a soul, it’s important to recognize that, under stress, many animals will defend themselves and their owners through biting.

Leash and fence laws are designed to help protect pedestrians from unknown canines and to help shield owners from liability. In order to help protect both owners and civilians, some states even restrict the types of breeds allowed in certain districts and maintain strict liability laws.

New Hampshire Statutes Pertaining to Animal-Inflicted Injuries
New Hampshire happens to be one of the states with strict laws. Basically, if a dog attacks another person (and that person was neither trespassing nor committing a crime), the owner of the animal is legally responsible for the injuries caused by their dog. In short, the owner of the animal is financially responsible for all lost wages, suffering, medical bills and stress that result from the attack.

In general, a person injured from a dog bite in New Hampshire does not need to prove that the owner of the dog knew that the animal had aggressive tendencies or that the owner was in any way at fault or negligent. The law also covers non-contact injuries such as causing a biking accident by scaring the rider. It also covers damage to property or livestock including fowl, cats and other domestic animals.

The law does not, however, cover harm to individuals who were trespassing, committing a crime, harassing, tormenting, teasing, or harming the dog in any way. This is important information for dog owners who keep their animals properly contained and may be concerned about counter suits from trespassing individuals who get harmed on their property.

Pet ownership is both a great privilege and a huge responsibility. New Hampshire laws are designed to protect both the owner and the civilian and it’s important to understand your liabilities before acquiring a new pet. Dog bites are more common than most people recognize, so be sure to follow the regulations to protect yourself, your property and your dog.

Note:  The laws are even more harsh if you own exotic pets.  Be sure to read up on the laws and regulations regarding wild or exotic animals before adopting anything other than common domesticated animals.