Understanding How A Wrongful Death Lawsuit Works

No matter how it happens, the death of a loved one is a traumatic and painful experience. When their death is unexpected, the pain is unbearable. If your loved one died in an accident as the result of another person's negligence, you might be able to get the justice you deserve by filing a wrongful death lawsuit. Here, we're going to explore how a wrongful death lawsuit works and how you can get help filing your case. 

Who Can File A Wrongful Death Claim?

A wrongful death lawsuit is a case brought against a party that caused a person's death intentionally or as a result of negligence. 

Parties That Can File A Wrongful Death Lawsuit Include:

• The deceased's spouse/partner

• The deceased's immediate family including children, parents, and siblings

• The deceased's estate

If you have lost a loved one in an accident and you suspect negligence was involved, the best course of action is to seek advice from a trusted attorney. 

When Can I File A Wrongful Death Claim?

There are a variety of situations that qualify for wrongful death lawsuits. The most common scenarios for wrongful death claims include:

• Medical malpractice

• Negligent car accidents

• Faulty medical devices or medications

• Product malfunctions

• Death caused intentionally

To be successful in a wrongful death claim, you must be able to present evidence that their family member's death was the result of intentional or negligent actions. An experienced attorney is essential in these situations because they can decipher the circumstances surrounding the case to produce credible evidence.

Can I Recuperate Wrongful Death Damages?

The death of a loved one can be an unfortunate financial burden to their closest family members and friends. Therefore, wrongful death claims work to recuperate a financial settlement to compensate them for their suffering. In a wrongful death claim, family members (or the individual's estate) can recover damages for:

• Funeral/burial costs

• Medical bills

• Loss of expected income

• Value of services of the deceased

• Loss of inheritance

• Loss of care and companionship

• Pain and suffering

A knowledgeable attorney will help you understand what compensation you are entitled to according to the law in your state and will develop a case that works in your favor.

Knowledgeable Attorneys Who Fight For You

If you are missing a loved one because of an untimely death, you can count on the team at Patch & FitzGerald to fight for you. We have decades of experience representing families across New Hampshire and make it a priority to win the justice your loved one deserves. Our team takes care of all of the paperwork and takes the time to walk you through the process so you can focus on what matters most - healing. 

To schedule a free consultation, call our office or contact us online today. We are here for you. 

Checklist for Hiring a Personal Injury or Workers Compensation Attorney

Choosing an attorney to handle your personal injury case is one of the most critically important decisions you will ever make, but one that is often made at a time of terrible distress and conflicting advice.  In the hopes that you will never need to take advantage of these tips, the team at Patch & FitzGerald has compiled the following guidelines to assist you.

REPUTATION

The reputation of the law firm or attorney is of paramount importance.  You want to have an attorney who is credible, capable and able to get opposing counsel to the table with offers that reflect the reality of your damages.  You want an attorney whose reputation is one that makes opposing counsel or the insurance companies sit up and take notice.  You want an advocate, a smart, successful warrior who will fight for your best interests.

EXPERIENCE

Your best bet for good representation is an attorney with decades of experience in the field.  Not months or a few years.  You will have a significantly better outcome being represented by an experienced, smart attorney who knows how to maneuver through the system, who knows what will and won’t work.  You want a seasoned strategist leading your fight, not someone who is learning the ropes.  And that takes years of practice.

RECOGNITION, REVIEWS, AND RECOMMENDATIONS

Personal recommendations from friends, family or colleagues are always a good place to start.  But recognition of an attorney’s skills and achievements by professional legal organizations and peers are also an important indicator of skills and capabilities.  Look for notices of achievement by credible organizations such as Martindale Hubbel, Avvo, or the American Institute of Personal Injury Attorneys.  And don’t be fooled by the organizations that rate attorneys by age:  being in the “Top 50 under 40” category just means you might have potential, but don’t have experience.

CHECK FOR DISCIPLINARY ACTIONS OR TAX LIENS

An important point of evaluation should be that the attorney you are considering has not been found guilty of professional misconduct.  An easy way to check is to go to the  Attorney Discipline System page of the NH Supreme Court (nhattyreg.org) and type in the attorney’s last name. 

We also recommend that you check that there are no outstanding tax liens on the attorney or firm.  Attorneys under financial pressure from the IRS may be more likely to take a quick settlement in your case, to generate income for their office, rather than to hold out and fight for a larger settlement that could take more time and be better for you in the long run.  Because tax liens are filed at the county level, check the county where the attorney has his office, and the neighboring counties as well, since occasionally someone may practice in one county but reside in another.  IRS tax liens that are filed at the county level are public information, available online. Simply type NHDeeds.com into your browser, select the county, and click AVA search.  Just type in the last name of the attorney (s) to make sure you are dealing with someone whose first interest is in your case, not settling their own IRS matters. 

Finally, having conducted your own research, we hope you will contact us at Patch & FitzGerald (603-647-2600) and let our experience, integrity and tenacity win for you and your family. Patch & FitzGerald:  Relentless Advocates, Winning Results.

Patch & FitzGerald Expands to Accommodate Explosive Growth of its Workers’ Compensation and Personal

As part of an expansion, the New Hampshire-based law firm of Patch & FitzGerald has relocated its practice to the historical Millyard in Manchester on April 1, 2019, located at 500 N. Commercial Street, Suite 403-A, Manchester, NH. The move reflects an expanded focus on Workers’ Compensation and Personal Injury practice areas as well as Appellate Work.

John B. FitzGerald, III

The new location will better accommodate clients through an expanded intake area, enhanced telecommunications capabilities for clients, more meeting rooms and overall ease of access.

Founding partner John FitzGerald characterized the move as a great opportunity to continue to provide the highest quality legal services to clients throughout New England. “We have been honored and gratified by the explosive growth of our core areas of practice and see this new location as part of a strategy to continue our laser-like focus in these key practice areas.  For over 22 years, clients have relied on us to be their strongest advocates in matters that can often be difficult and confusing. The reputation of this firm is founded on obtaining great results for those clients, earning their trust every day.”

The growth of its Workers’ Compensation and Personal Injury practice areas is a reflection of the cyclical economy of the region as well as the long history and successful track record of the firm. “Whether businesses are expanding or contracting, employees get injured-- both the employee and the employer need resources to navigate the disputes that tend to flare.  We provide that certainty and protection,” explains FitzGerald.

FitzGerald is an award-winning attorney. His background as a former hearings officer for the Department of Labor affords his firm a unique opportunity to understand the intricacies of worker’s compensation laws, personal injury and the perspectives of both plaintiff and defense positions.  With over 30 years of experience, the firm has become one of the most respected boutique law firms in Northern New England.