Articles Posted in Wrongful Death

New Hampshire has a wealth of beautiful lakes and coastline, making the state a popular location for boaters and tourists. Boating is a fun and exciting leisure activity, but without proper education and training, the activity can have disastrous consequences. New Hampshire boating accidents can result in injuries to the boat’s drivers, passengers, and those enjoying water sports. Negligent New Hampshire boat drivers may face severe criminal and civil consequences, including jail time, fines, and personal injury claims.

New Hampshire boaters must have a state boating license or certificate; however, if they do not, they must complete a classroom course and pass a supervised exam. Additionally, New Hampshire law prohibits boaters from operating their boats under the influence of alcohol or drugs. If a boater’s blood alcohol level (BAC) is .08 or higher, they may face a criminal Boating Under the Influence (BUI) charge in addition to civil liability for injuries they caused. Boating injuries may be the result of other boating accidents, as well. Some common situations that may result in injuries are when a boat hits a wave, another boat’s wake, or a submerged object. The boat itself may be dangerous if it has defective equipment or slippery surfaces. Further, individuals may suffer more severe injuries when a boat does not have adequate safety equipment on board.

A recent news report illustrates the deadly consequences a boating accident can have. Recently, two New Hampshire men died in a boating accident on Lake Winnipesaukee. New Hampshire emergency personnel arrived at the scene after receiving reports that a boat was adrift. Reports indicate that there was a female passenger aboard the boat suffering from severe injuries, and the boat’s operator, who was pronounced dead at the scene. While responding to the scene, helicopters and divers found a deceased man on a submerged boat. Witnesses indicated that two vessels collided with each other. Details are few, and police report that they are still investigating the cause of the accident and determining which boats were involved.

Losing a loved one in a fatal New Hampshire car accident is an unimaginable tragedy for most. However, in a small state of just 1.3 million people, there are an average of over 100 fatal traffic accidents each year. As a result, over 100 families must deal with the tragedy of having a loved one taken from them too soon. While the most common causes of fatal New Hampshire car accidents are speed and alcohol, driver distraction and drowsiness also contribute to the list.

After someone is killed in a New Hampshire car accident, their loved ones may decide to pursue a claim for financial compensation against the party or parties they believe were responsible for their loved one’s death. Such claims are brought under the New Hampshire wrongful death statute, which is contained in New Hampshire Revised Statutes section 556:12. The statute provides that “any person interested in the estate of a deceased” can initiate a wrongful death claim. Unlike other states that provide a strict list of potential beneficiaries, New Hampshire allows wrongful death claims to be initiated by any number of family members or loved ones.

Families who have lost a loved one in a New Hampshire car accident should keep in mind that section 556:11 imposes a strict time limit for wrongful death cases. Section 556:11 requires that a claim be brought within six years from the death of the deceased; claims filed after this period may be dismissed without consideration. It is also important to note that the six-year deadline applies only to new wrongful death actions, and not to any existing claims that the deceased may have had against another potential defendant.

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