What Constitutes a “Wrongful Death Claim” in New Hampshire?
When negligent, reckless, or intentional actions on the part of one person or party results in someone’s death, a wrongful death claim may be filed in the state of New Hampshire. In short, a wrongful death claim can be thought of as a personal injury claim on behalf of someone who can no longer bring his or her own lawsuit to court.
Another person, on behalf of the deceased’s estate and surviving family, must file the claim. This person might also have the option to file certain civil claims that were open to the deceased person during his or her lifetime, provided that the statute of limitations has not expired.
Who May File a New Hampshire Wrongful Death Claim?
Under New
Hampshire Revised Statues Section 556:19, a wrongful death claim can be filed by “any person interested in the estate of a deceased”. In this sense, New Hampshire differs from many states, most of which only allow individuals such as an estate’s personal administrator or surviving family members to file a wrongful death claim. In the state of New Hampshire, anyone with a legal interest in the estate of the deceased has a right to protect that interest in court via a wrongful death claim. Due to wrongful death claims being civil suits, they must be filed in a New Hampshire civil court directly by the interested party. This differs from claims involving criminal charges, which must be filed by the prosecuting attorney. Wrongful death claims can be filed in addition to any criminal charges being pursued in the same case. Damages in a New Hampshire Wrongful Death Claim The types of damages available in a New Hampshire wrongful death claim are detailed under New Hampshire Revised Statutes Section 556:12, including who is entitled to such damage. While the total amount of damages varies from case to case, the specific types of damages available in a New Hampshire wrongful death claim include: • Pain and suffering of the deceased prior to death • Medical, funeral, and burial expenses resulting from the deceased person’s fatal injury or illness, and • Compensation that might have been earned by the deceased person had he or she lived. The administrator of the deceased’s estate can consider these elements upon filing the wrongful death claim in court. The length of time the deceased might have been expected to live absent the fatal event could also be considered. The surviving spouse of the deceased may be entitled to damages relating to loss of comfort, care, companionship, and guidance. But these damages are limited to an amount up to $150,000. Contact Us Today If you have lost a loved one and suspect wrongful death, our attorneys can help you navigate the complex legal process of filing a claim, including the statute of limitations and when it may expire for filing your wrongful death claim. We will fight for you while you focus on healing from your unexpected loss. Call us today.
On September 12, 2014, Denise Rockett filed a complaint against Eugene Nigro, Esq. Nigro was reportedly negligent when handling legal matters in her late husband’s estate. Specifically, the complainant alleges that Denise, as Executrix of her late husband’s estate, was intentionally excluded from major decisions, not properly compensated, and deprived of control over their properties. Nigro allegedly breached his fiduciary obligation and violated Mass.R.Prof.C. 1.4(b), 1.7(b), and 8.4(c).
Proximate Cause: The shoulder and rotator cuff injuries were within the scope of the risks that made us determine that the dropping of Vicky’s body was a breach. Because Dwayne dropped Vicky, Dwayne’s dropping of Vicky’s body proximately caused the injuries sustained. Felix’s carrying of the body was a cause in fact but not the proximate cause of the injuries Vicky
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
We all know that living is an expensive experience. You’re required to pay taxes, pay for food, and pay for shelter. The counterpart of living, however, can also be quite expensive. In fact, Death is one of the most profitable events in life generating about 15 billion dollars a year (Qtd. In Crawford). With profit, however, comes greed and the Mortuary business has it’s fair share of corruption. Although a profit is necessary to maintain a business the extent to which some morticians go to maximize their profits is disgusting. While laws that Morticians must follow exist, their lack of enforcement renders them useless. That being said, these issues need to be addressed and solved.
A police officer, Colin Allcars (Allcars), is suing Harry’s Ammo World (HAW) for his medical expenses, personal injuries, pain and suffering. HAW sold a rifle to Dakota D. West without checking West’s background for felonies or drug use. Federal law prevents the sale of firearms to anyone with a felony or to anyone that uses illegal drugs. Dakota had been convicted of a felony and was also a user of marijuana. Two months after the sale Dakota’s brother took the rifle and took hostages. When the police were trying to subdue and arrest Dakota’s brother he shot and wounded Colin AllCars. Allcars is suing HAW on the grounds of negligence.
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.
As police officers own right to carry out an investigation on the suspect, public arise concerning on negligent investigation. In the Hill v. Hamiton-Wentworth case, Mr. Hill was accused robbery and then was proved innocent. Mr. Hill filled a lawsuit against police officers on the tort of negligent investigation, and the Supreme Court of Canada dismissed Hill’s appeal. Moreover, a majority of the court recognizes there is a tort of negligent investigation in Canada, but Mr. Hill was investigated under code of care and no tort of negligent investigation during his investigation. While the argument of minority believes the tort of negligent investigation should be recognized in Canada, and the police had been negligent, the argument of minority is more compelling than majority.
A wrongful death suit can be raised by a wide range of sources when a fatality has occurred such as a car or truck accident, motorcycle or biking accident, nursing care or medical malpractice, and defective or dangerous products. These cases are often very technical and require the stewardship of a qualified attorney and this subject area is one where we are experts with South Carolina Law.
1) “Death with Dignity” is a famous slogan repeated constantly in the euthanasia debate and in this film. Try your best to be charitable: what do you think is meant by this? What does it imply about “life with dignity”? Do you think “total dependency comes at the expense of intimacy”?
Watt, Bob. “TO EVERY THING THERE IS A SEASON AND A TIME TO EVERY PURPOSE UNDER THE HEAVEN – A TIME TO BE BORN AND A TIME TO DIE.1 NATURAL LAW, EMOTION AND THE RIGHT TO DIE.” Denning Law Journal 1.24 (2012): 89-115. University of Buckingham
A wrongful death lawsuit can be filed in the state of Washington if someone dies because of the actions or neglect of another person. If that person's actions somehow lead to the death of a loved one, they can be held responsible in civil court.
An unexpected death can send shockwaves through a family and community. The grief is overwhelming, causing those left behind to walk through a haze and only start to feel like life is returning to a semblance of normal months after the fact. During this time it can be difficult to even think about what led to the death. However if there was any chance of a wrongful death than timing is of the essence to file a suit. Watson Spence Attorney is here to help with the details on what to do first if you feel you have a wrongful death case.
Since ancient time, “dying with dignity” has had a different cultural context amongst humans. Some individuals have imagined and prepared their dying moments at an early age: In dependence of religious, political and /or society background. Dignity is defined as a sense of self-respect, self-worth and nobility. It is one of the highest consensus of autonomy belonging to humankind. Therefore, it is the sense of honor that makes humans stand up for whatever the meaning of freedom represents to them. The feeling of freedom that a person may have when dying could result in some delusional moments as their life is fading away, or is death perhaps the reality that dignifies human life.
Review the scenario below. Consider the legal principles influencing the likelihood of any successful action against Steve in negligence.
The speaker has two choices: mortification and victimage. Mortification which mean to confession of guilt and request for forgiveness. I can related Mortification to my religion belief, As a christian, whenever I do something wrong to human, I admit to my wrong and ask them for forgiveness, and I also ask God for forgiveness because I am not perfect. Burke also defined victimization as the process of naming an external enemy as the source of all personal or public ills. A great example for victimization would be the 9/11 terrorism attacked that took a lot of people's life. Burke’s believed that a perfect guilt required a perfect victim. Osama bin laden was see as the personification of evil. Also the Formal president Obama and other republican