There is nothing more painful than the loss of someone you love. That loss becomes even more tragic when it is the direct result of the negligence or malicious intent of another. The attorneys at Van Dorn, Curtiss & Rousseau realize that nothing can replace a lost loved one, however, we know how financially and emotionally devastating such a loss can be.
That’s why you need one of the attorneys at the Law Offices of Van Dorn, Curtiss & Rousseau fighting for the compensation you deserve. Our firm has years of experience trying and winning wrongful death cases in Vermont and New Hampshire, and our reputation for our aggressive style and skill in the courtroom is well known.
If you lost someone you love and believe you have a wrongful death claim, contact our office today at 866-933-6115 for your free consultation. We proudly serve those who live in and near Concord, Manchester, and Nashua, New Hampshire as well as Vermont.
- Common Causes of Wrongful Death
- Damages in a Wrongful Death Lawsuit
- Building Your Wrongful Death Claim
- Who Can File a Wrongful Death Lawsuit?
- Who Can Be Sued for Wrongful Death?
- Wrongful Death Questions
Common Causes of Wrongful Death
Every day, in Vermont and New Hampshire, there are deaths that result from negligence or through the harmful act of another person. These can be considered a wrongful death because they arise from unnatural causes and are due to the fault of a person or entity. Our experienced wrongful death attorneys understand the magnitude of these types of cases and fight for you to seek justice for your departed loved one.
The time following the loss of a loved one is an emotional period full of pain and stress, and you may not realize that you have a wrongful death case. There are many scenarios that may warrant a wrongful death lawsuit, but some of the most common causes include:
- Automobile accidents: These include accidents caused by the negligence of people driving cars, trucks, motorcycles, and boats.
- Pedestrian accidents: If a loved one was killed while walking, running, or biking outside.
- Medical malpractice: These include a misdiagnosis or failure to diagnose a fatal illness or injury, as well as surgical and medication errors that result in death.
- Product liability: If the death was due to a defective product because of a faulty design, manufacturing error, or inadequate warnings.
- Work-related accidents: If the death of a loved one results from negligence or unsafe conditions at their place of work.
- Criminal acts: When the death was caused by the intentional or unintentional act of someone during a criminal act.
Damages in a Wrongful Death Lawsuit
A wrongful death lawsuit not only brings a sense of justice, but it also recovers necessary financial compensation needed to deal with the untimely death of a love one. Medical and funeral bills can be staggering, especially if the victim was also a source of family income. Claims covered by a wrongful death case may include:
- Medical and funeral costs
- Lost wages (including future earnings)
- Lost benefits
- Lost inheritance
- Pain and suffering
- Mental anguish
- Loss of support or companionship
- General damages
- Punitive damages
Building Your Wrongful Death Claim
The legal team at Van Dorn, Curtiss and Rousseau is well versed in the particulars of wrongful death litigation. We have mastered the ability to prove malicious intent in order to recover punitive damages, and our consistency in recovering jury awards reflects this.
Our legal team also understands that wrongful death laws vary from state to state, and a plaintiff must act quickly. The statute of limitations to make a wrongful death claim in Vermont is two years and in New Hampshire it’s three years. Our experienced attorneys have the expertise and connections necessary to plan your legal course of action and recruit experts to testify as to the negligence of the defendant.
Litigating a wrongful death suit must be done quickly, and our law firm has the knowledge and skill to work against time constraints. We are not afraid to try high pressure cases and enjoy taking cases to court and winning large jury verdicts. We are satisfied only when you have recovered a fair and just compensation for your loss, and we won’t settle for anything less.
Who Can File a Wrongful Death Lawsuit?
The laws for who may file a wrongful death lawsuit vary from state to state. At Van Dorn, Curtiss & Rousseau we handle cases in both New Hampshire and Vermont, giving us an understanding of both state’s laws and statutes of limitations.
New Hampshire has some of the country’s most unique wrongful death laws, allowing anyone who is “interested in the estate of the deceased” to file a claim. This means that any party, regardless of relationship, who benefited financially or emotionally from the victim, can file a claim and seek damages for economic and noneconomic damages. The best way to learn if you are eligible to take legal action is by discussing your case and your claim with one of our experienced attorneys.
Vermont allows wrongful death claims to be filed by a single representative of the deceased’s estate. However, damages in these cases are typically awarded to all surviving family members—not just the claimant. This will all be discussed with you in greater detail during your free consultation with one of our wrongful death lawyers.
If you live in Vermont, you may be eligible to file a wrongful death claim if you are the deceased’s:
- Spouse or partner
- Child, stepchild, or adopted child
Our attorneys have decades of combined experience helping families in New Hampshire and Vermont navigate the emotional and financial difficulties brought about by the untimely death of a loved one. We are here to protect your family against the predatory tactics of insurance companies and to fight tooth and nail for the justice you deserve.
Who Can Be Sued for Wrongful Death?
As outlined above, there are many causes and situations that can lead to a wrongful death. When a loved one’s death is caused by the negligence of one person or through the criminal act of an individual, who is responsible is more easily determined. But there are many cases in which the liable parties may not be as easily distinguished.
That’s why it’s important to contact the attorneys at Van Dorn, Curtiss & Rousseau because we have years of experience fighting for justice in wrongful death cases and determining the parties who are responsible for compensation. Some examples of those who may be liable for wrongful death include:
- The driver or employer at a trucking company if it’s established that improper practices were used or encouraged
- The designer or builder of a faulty roadway
- Distributors, manufacturers, or installers of defective or faulty parts in vehicles
- Building owner or property manager if the death resulted from inadequate safety or security on site
- Hospitals and/or medical personnel in malpractice-related deaths
- Manufacturer, designer, or retailer of defective products
Wrongful Death Questions
How Do I Bring a Wrongful Death Claim?
A wrongful death claim may only be brought by the personal representative of the decedent's estate. If the decedent had a will, the will may state who is to be appointed as the administrator, or personal representative of the estate. Otherwise, you would need to go to probate court and have a personal representative appointed. Generally, this will be a close relative of the deceased. Please see the Who Can File a Wrongful Death Lawsuit section above for specifics regarding New Hampshire and Vermont laws.
What is a Survival Action?
A survival action is a type of wrongful death claim. This type of claim may be brought when the decedent does not die at the time of the injury causing event, but passes sometime afterwards. With this type of claim, the decedent's estate may bring action on the decedent's behalf to recover damages including pain and suffering, medical expenses, and lost wages.
Contact the New Hampshire and Vermont Wrongful Death Lawyers
Van Dorn, Curtiss & Rousseau is a full service law firm and we will assist you with all legal issues related to your case for only one contingency fee. We’ve established a strong reputation from continually achieving positive results for our clients.
If you lost a loved one and believe it constitutes a wrongful death case, please contact the Law Offices of Van Dorn, Curtiss & Rousseau today at 866-933-6115 to set up a free consultation for your wrongful death claim. Our attorneys represent clients in the areas of Manchester, Nashua, and Concord, New Hampshire as well as in Vermont.