Losing someone you love because another person was careless is a grief no family should have to carry, and no legal process can undo it. A Nashua wrongful death lawyer from Coates Law Office can help your family seek accountability and financial compensation when someone else’s negligence causes a loved one’s death.
That means identifying who was responsible, documenting the financial losses your family faces, and pursuing a claim while you focus on your family.
Coates Law Office represents families across New Hampshire after fatal car, truck, motorcycle, bicycle, and pedestrian crashes. Attorney Bradford H. Coates personally handles each case from our Nashua office.
Call 603-262-5766 for a free consultation to discuss your family’s legal options and what comes next.
Who Can File a Wrongful Death Lawsuit in New Hampshire?
In New Hampshire, the administrator of the deceased person’s estate, often called the personal representative, files the wrongful death lawsuit. Family members don’t file separate suits of their own. The claim belongs to the estate, and any recovery is distributed to the family under New Hampshire law after approved expenses and debts.
How the Estate Representative Is Chosen
The probate court appoints the administrator. If the person who died left a will, it often names an executor; if not, the court appoints a representative, frequently a spouse or adult child. That person can then bring the claim under RSA 556:12, which sets out the damages a New Hampshire wrongful death action may recover.
When No Estate Has Been Opened Yet
Many families haven’t opened an estate when they first call a Nashua wrongful death lawyer. That’s normal. The probate filing can happen alongside the early investigation. If relatives disagree about who should serve as administrator, the probate court resolves it, and the wrongful death claim waits for that appointment rather than disappearing.
Where the Money Goes
The damages recovered become part of the estate after subtracting the costs of recovery, estate administration expenses, taxes, and debts approved by the probate court. The money then gets distributed in accordance with applicable law. Separate awards to a surviving spouse, children, or parents go to those individuals.
What Does a Wrongful Death Claim Require in New Hampshire?
A New Hampshire wrongful death claim requires proof that another party’s wrongful conduct, whether negligent or intentional, caused the injury that led to the death. The estate must also show the resulting losses. Most fatal crash cases turn on the same evidence that would decide an injury claim if the person had survived.
To build the claim, the estate generally needs to establish these points:
- The other party owed a duty of care, such as a driver’s duty to follow the rules of the road
- That party breached the duty through careless or intentional conduct
- The breach caused the injury that resulted in death
What Compensation Is Available in a New Hampshire Wrongful Death Claim?
New Hampshire wrongful death compensation comes in two parts: damages the estate recovers for the losses the person suffered, and separate awards to a surviving spouse, children, or parents for the loss of the relationship.
| Who Recovers Compensation | What the Law Allows | Statutory Limit |
|---|---|---|
| The estate | Pain and suffering, medical and funeral costs, lost earning capacity, and the value of the life lost | Depends on the surviving family |
| Surviving spouse | Loss of the comfort, society, and companionship of the person who died | $500,000 |
| Minor children of a parent who died | Loss of familial relationship, including comfort, affection, guidance, and companionship | $300,000 per child |
| Parents of a minor child who died | Loss of familial relationship | $300,000 per parent |
The court reduces spousal and familial awards based on any fault it assigns to the person who died or the family member seeking compensation. Your Nashua wrongful death lawyer challenges attempts to shift blame onto your loved one or your family to reduce what you can recover.
Punitive Damages in New Hampshire
New Hampshire does not allow punitive damages unless a statute specifically provides for them. RSA 507:16 sets that rule, so even a fatal crash caused by a drunk or reckless driver is compensated through the estate and family awards rather than through a separate award meant to punish.
The driver’s conduct still matters: it often strengthens the fault evidence and may lead to a separate criminal case.
Documenting the Estate’s Losses
Lost earning capacity is often the largest part of the estate’s claim, and it depends on records. Families who can locate the following give their legal team a head start:
- Recent tax returns, pay stubs, and benefit statements
- Medical and ambulance bills from after the crash
- Funeral and burial invoices
- The death certificate and any police or crash reports
- Insurance policies, including the person’s own auto policy
There is no need to gather everything before calling us at Coates Law Office. Your Nashua wrongful death attorney can request most of these records directly.
How Long Do You Have to File a Wrongful Death Lawsuit in New Hampshire?
Most New Hampshire wrongful death lawsuits have a three-year filing deadline. Missing that deadline could prevent your family from recovering compensation, so it’s important to speak with a Nashua wrongful death lawyer as soon as possible.
Shorter Deadlines That Can Apply
Some claims carry earlier deadlines. When a city or town is responsible, RSA 507-B:7 requires written notice to the municipal clerk by registered mail within 60 days. If the person had an injury claim of their own that was already pending or existed at death, separate survival rules apply. These details are one reason to involve an attorney early.
Which Fatal Accidents Lead to Wrongful Death Claims in New Hampshire?
Most wrongful death claims in New Hampshire arise from motor vehicle crashes, but a wide variety of accidents can qualify for a claim. When it comes to car, truck, and motorcycle accidents, the type of crash shapes who may be responsible and which insurance policies apply.
Crashes Involving Commercial Vehicles
When a tractor-trailer, delivery van, or other work vehicle causes a fatal crash, the driver’s employer and the vehicle’s owner may share responsibility. Commercial trucks often have more insurance coverage than passenger vehicles.
Your Nashua wrongful death lawyer will get to work immediately to preserve driver logs, maintenance records, and electronic data before they disappear.
Crashes Involving Cyclists, Pedestrians, and Motorcyclists
People outside a car have no protection in a collision, and these crashes are often fatal even at moderate speeds. In these cases, insurers frequently try to shift blame to the person who died, arguing about visibility, lane position, or right of way.
Answering those arguments with physical evidence, witness accounts, and video protects the family’s recovery under the state’s comparative fault rule.
Other Fatal Accidents
Fatal accidents don’t have to involve a vehicle. Families may also have a wrongful death claim when negligence causes a death in situations such as:
- Construction accidents: Falls, machinery failures, and other job hazards can lead to claims against negligent third parties, even when workers’ compensation applies.
- Unsafe property: Fatal falls, fires, and other hazards can leave property owners liable if they failed to use reasonable care.
- Dog attacks: Severe attacks can cause fatal injuries, particularly to children and older adults. New Hampshire law holds dog owners responsible for injuries their dogs cause, subject to certain exceptions.
- Traumatic brain injuries: A serious head injury from a fall or other accident can lead to fatal complications.
Your Nashua wrongful death attorney examines how the death occurred and who had a duty to prevent it before determining which claims your family can pursue.
How Does a Wrongful Death Lawsuit Work in New Hampshire?
A New Hampshire wrongful death case usually moves through investigation, a formal demand to the insurer, negotiation, and, if needed, a lawsuit and trial. Many cases resolve by settlement, but we prepare each one as if it may go to trial, which puts our clients in the strongest position.
Here’s what to expect:
- Estate setup: A personal representative is appointed through the probate court so the claim can be brought.
- Investigation: Our team gets the crash report, preserves vehicle data and video, interviews witnesses, and identifies every insurance policy that may apply.
- Calculating losses: We document the estate’s damages and each family member’s claim, often with input from economists on lost earning capacity.
- Demand: Your lawyer presents the claim to the responsible insurers with the evidence supporting it.
- Negotiation: We review offers with the family and advise on whether they reflect the documented losses.
- Lawsuit and trial: If the insurer will not resolve the claim fairly, your attorney can file suit and take the case to a jury.
Common Mistakes to Avoid While a Wrongful Death Claim Is Pending
While a wrongful death claim is pending, families should avoid signing releases, giving recorded statements to the at-fault driver’s insurer, or disposing of the vehicle involved in the crash. Insurers sometimes contact relatives quickly, before anyone has had time to understand the family’s rights.
Common errors include:
- Signing any release or settlement paperwork before the estate has legal advice
- Giving a recorded statement to the at-fault driver’s insurance company
- Repairing, selling, or scrapping the vehicle involved in the crash
- Posting details about the crash or the family’s finances on social media
- Closing the estate before the wrongful death claim is resolved
None of these steps needs to happen right away. Waiting until a Nashua wrongful death lawyer has reviewed the situation costs the family nothing and keeps options open.
What Families Can Expect From Coates Law Office
At Coates Law Office, families work with one attorney from the first conversation to the end of the case. Attorney Bradford H. Coates keeps you informed, explains your options in plain language, and handles negotiations with insurers so you can focus on your family.
Coates is a member of the Million Dollar Advocates Forum, the Multi-Million Dollar Advocates Forum, and the New Hampshire Association for Justice.
What Working With Our Firm Looks Like
We adapt our communication to your family’s needs. Some relatives want to understand every filing; others prefer one point of contact and an update only when a decision is needed. We ask which approach fits your family, explain each settlement offer clearly, and give you time to review and discuss important decisions before signing anything.
Our team has experience with wrongful death claims, including a recent case that we resolved for $925,000 for a family in a fatal truck accident. Results depend on the facts of each case.
Coates Law Office does not represent that your case will have similar case results. Each case is different and must be evaluated separately.
If you have questions about a loved one’s death, call 603-262-5766 for a free consultation.
FAQs: Nashua Wrongful Death Lawyer
Can a parent or sibling sue for wrongful death in New Hampshire?
A parent or sibling can file a New Hampshire wrongful death lawsuit only if the probate court appoints them as the estate’s administrator. Parents of a minor child who died can recover their own award for loss of familial relationship.
Siblings don’t have a separate statutory award, though they may share in the estate’s recovery depending on how it is distributed.
Is a wrongful death case different from a criminal case?
A New Hampshire wrongful death case is a civil claim brought by the estate for money damages, while a criminal case is brought by the state to punish a crime. The two can proceed separately, and the civil claim doesn’t depend on a criminal conviction.
How much is a wrongful death lawsuit worth in New Hampshire?
No set value applies to New Hampshire wrongful death claims. The amount of your case depends on the person’s earning capacity, the expenses caused by the injury, the family members left behind, fault, and the insurance available. Under RSA 556:13, the estate’s recovery is limited to $50,000 if the person left no spouse, child, parent, or dependent relative.
What if the person who caused the death is uninsured?
If the at-fault driver had no insurance, the family may be able to claim under the Uninsured Motorist (UM) coverage on the person’s own auto policy, or a household policy that covered them.
How long does a wrongful death case take to resolve in New Hampshire?
A New Hampshire wrongful death case can take several months to resolve when liability is clear and coverage is limited, but a year or more when fault is disputed or the case goes to trial. Probate court steps, such as appointing the administrator and approving a settlement, add time. A Nashua wrongful death lawyer can give a better estimate after reviewing the facts.
Ready to Discuss Your Wrongful Death Claim?
Nashua, NH Wrongful Death Lawyer, Bradford H. Coates
If you lost a family member because of someone else’s negligence, Attorney Bradford H. Coates can help you understand your rights, determine who may be liable, and pursue compensation for your family’s losses.
During your consultation, you can discuss what happened, ask questions about New Hampshire’s wrongful death laws, and learn what evidence may support your claim. Our team can explain who can file a lawsuit, what damages may be available, and what steps are needed to move forward.
Call 603-262-5766 or contact our Nashua office online for a free consultation.
Our Nashua Office
Visit our main office in Nashua to meet with a member of our legal team to discuss your case.
400 Amherst Street, Suite 102
Nashua, NH 03063
Phone: (619) 323-3280