Wrongful Death Attorney in Portsmouth, New Hampshire
Losing a loved one due to another person’s negligence is a profound and life-altering tragedy. Families are often left grieving while also facing financial uncertainty, unanswered questions, and difficult decisions about the future. A wrongful death claim cannot undo the loss, but it can provide accountability and economic stability during a challenging time.
Elmore Law Office represents families in both New Hampshire and Massachusetts who have lost loved ones in preventable accidents. Our firm provides clear guidance, compassionate support, and experienced advocacy to help families pursue justice under their state’s laws, starting with a free consultation.
What is Considered a Wrongful Death?
A wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or wrongful conduct. Negligence means failing to act with reasonable care under the circumstances.
Wrongful death claims commonly arise from:
- Car, truck, and motorcycle crashes.
- Pedestrian and bicycle accidents.
- Construction and industrial accidents.
- Unsafe property conditions.
- Defective products or equipment.
- Other preventable incidents are caused by carelessness or misconduct.
These claims focus on accountability and on addressing the financial and personal losses suffered by surviving family members.
Who Can File a Wrongful Death Claim?
Specific individuals or representatives must file wrongful death claims, and the rules differ slightly between New Hampshire and Massachusetts.
In general:
- The claim is brought by the executor or administrator of the deceased person’s estate.
- Compensation recovered is intended to benefit surviving family members, such as spouses, children, or dependents.
- Parents or other relatives may be eligible in certain circumstances, depending on the family structure and applicable state law.
Determining who has legal standing is an essential early step and requires careful review of the facts.
Key Differences Between New Hampshire and Massachusetts Wrongful Death Laws
While wrongful death claims in both states are grounded in negligence, there are significant legal differences that can affect how a case proceeds and what compensation may be available.
Wrongful Death Claims in New Hampshire
In New Hampshire:
- The estate’s personal representative brings wrongful death claims.
- Damages may include medical expenses, funeral costs, lost income, and loss of companionship.
- Compensation may also account for pain and suffering experienced by the deceased before death.
- Distribution of damages depends on surviving family members and their relationship to the deceased.
Wrongful Death Claims in Massachusetts
In Massachusetts:
- The estate’s executor or administrator also brings wrongful death claims.
- Damages may include lost income, loss of companionship, funeral expenses, and emotional suffering.
- Massachusetts law allows for punitive damages in some instances involving gross negligence or willful misconduct.
- Specific statutory rules govern how damages are calculated and distributed.
Each case is unique, and damages must be carefully evaluated to reflect both immediate needs and long-term consequences. Because these laws differ, families must work with an attorney who understands both jurisdictions and can apply the correct legal framework to their case. We can help, beginning with a free consultation.
The Importance of Early Investigation
Wrongful death cases require prompt investigation. Evidence can disappear quickly, and insurance companies may act early to limit liability.
Early legal involvement helps preserve:
- Accident and police reports.
- Medical and autopsy records.
- Witness statements.
- Surveillance or traffic camera footage.
- Vehicle, equipment, or product evidence.
- Employment and safety documentation, when applicable.
Acting early also helps protect families from pressure to make rushed decisions.
Time Limits for Filing a Wrongful Death Claim
Wrongful death claims are subject to strict filing deadlines, known as statutes of limitations, which vary by state.
In New Hampshire, a wrongful death lawsuit generally must be filed within three years from the date of death. If a claim is not brought within those three years, the right to pursue compensation is typically lost, regardless of how strong the case may be.
In Massachusetts, wrongful death claims are also generally subject to a three-year deadline from the date of death. This time limit applies even if the family was still investigating the cause of death or negotiating with insurance companies during that period.
Certain limited exceptions may apply in specific situations, such as cases involving delayed discovery of negligence or claims against governmental entities, but those exceptions are narrow and highly fact-dependent.
Because these deadlines are strictly enforced, families should seek legal guidance as early as possible to ensure their claim is filed on time and their rights are fully protected.
How Elmore Law Office Helps Families After a Wrongful Death
Elmore Law Office understands that wrongful death cases are about more than legal claims. They are about families coping with loss as they seek stability and answers.
Our firm works to:
- Explain the legal process clearly and compassionately.
- Identify all responsible parties.
- Handle investigations and insurance communications.
- Work with financial and medical experts when needed.
- Pursue accountability through settlement or litigation.
We tailor our approach to the laws of the state where the claim is filed and to the unique needs of each family.
Compassionate Guidance Across State Lines
Families should never feel uncertain about where to turn after a loss. Elmore Law Office provides experienced wrongful death representation to families in both New Hampshire and Massachusetts, ensuring claims are handled in accordance with the correct legal standards with care and professionalism.
Contact Elmore Law Office Today
If your family lost a loved one due to another party’s negligence in New Hampshire or Massachusetts, you deserve clear answers and trusted legal support. Our Portsmouth wrongful death attorney is prepared to review your situation, explain your options, and help you pursue justice and financial security for the future.
Contact Elmore Law Office today at (603) 929-1117 or complete our online contact form to schedule a free consultation.
