A wrongful death lawsuit is a legal action taken when someone dies due to another’s negligence or intentional act. It is used to seek compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship, and funeral expenses. Connecticut has specific rules and regulations governing these lawsuits.
In these situations, victims should contact an experienced wrongful death attorney. At Perkins Injury Lawyers, we understand the impact that losing a loved one can have. We also understand that no amount of money can make up for this loss; however, it can help ease the financial burden of their absence.
Definition of Wrongful Death in Connecticut
In Connecticut, a wrongful death is legally defined as a death due to another person or entity’s wrongful act, neglect, or default. This means someone died because of another person’s mistake, negligence, or intentional action.
For a death to be deemed “wrongful,” it must meet specific criteria. This includes:
- A direct link exists between the defendant’s actions and a person’s death.
- If the deceased survived, they would have the grounds to sue for damages.
If the deceased person had the right to file a personal injury claim, their family would likely have the right to have a wrongful death claim.
For a free legal consultation with a wrongful death lawyer serving Connecticut, call 203-437-6190
Who Can File a Wrongful Death Lawsuit in Connecticut?
It is essential to realize that not everyone can file a wrongful death lawsuit. The right is primarily given to the executor or administrator of the deceased’s estate. If the deceased didn’t have an executor or administrator appointed, the court can assign one.
While immediate family members, such as spouses and children, often benefit from any compensation awarded, they don’t file the lawsuit directly. Instead, the estate’s representative takes on this role, ensuring any awarded damages are distributed appropriately to beneficiaries like family or financial dependents.
How Our Wrongful Death Lawyers Prove Liability
Establishing liability is central to a wrongful death claim. It requires proving:
- The defendant had a duty to the deceased.
- They breached that duty.
- The breach directly resulted in the death.
Building a strong case involves gathering solid evidence, securing credible witness testimonies, and sometimes leaning on expert opinions. Whether it’s medical professionals explaining the cause of death or accident reconstruction specialists detailing an event, their input can make or break a claim. It’s crucial to assemble this information for a compelling case meticulously.
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Types of Damages Available in a Wrongful Death Case in Connecticut
In wrongful death lawsuits, compensation can be classified into three main categories:
- Economic Damages: These cover tangible financial losses, such as medical bills, funeral expenses, and lost earnings.
- Non-Economic Damages: Intangible losses fall here, like pain and suffering or loss of companionship.
- Punitive Damages: In rare cases, if the defendant’s actions were reckless or malicious, the court might award punitive damages to punish the defendant and deter similar conduct.
Calculating damages isn’t a one-size-fits-all process. It depends on the specific details of each case. Factors like the deceased’s age, health before the incident, earning potential, and the extent of negligence play a role in determining the amount.
In almost all instances, a representative from the opposing party’s insurance company will be involved in their legal defense. Their job is to try and obtain information from you that can be used against your lawsuit and return a favorable verdict for their customer. Insurance agents are NOT your friend. They are highly skilled at talking with the families of injury and wrongful death cases and need to be handled correctly.
An experienced Connecticut wrongful death lawyer will be able to address these types of concerns for you – making sure that you are not left in a vulnerable position and helping to proactively guide you past the pitfalls that you may encounter during the course of legal action. Our New England personal injury lawyers have worked with clients whose claims range from automobile accidents to failure to provide adequate security. By investigating the death of your loved one, our team will deeply examine the evidence and consult eyewitnesses to develop the best possible strategy for your case.
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Common Causes of Wrongful Death in Connecticut
While there can be many different reasons, situations, and instances where a person can be seriously injured or killed, some of the most common causes of wrongful death can include (but are not limited to):
- Medical malpractice
- Car Accident
- Defective product
- Motorcycle accidents
- Dangerous drugs
- Truck accidents
- Workplace accidents
Here at Jonathan Perkins Injury Lawyers, we operate on a contingency basis. What this means is that we do not collect our fee unless we win your case. Our proven team of trial Connecticut wrongful death lawyers are dedicated to the pursuit of justice and will fight for your rights in a court of law.
Statute of Limitations for Wrongful Death Cases in Connecticut
Timing is crucial in legal matters. There’s a strict time frame for wrongful death claims in Connecticut: you have two years from the date of death to file the lawsuit. This two-year window is called the statute of limitations.
While this is the general rule, there are certain rare circumstances that might alter this timeline, either extending or reducing it. It’s imperative to act promptly and consult with a Connecticut wrongful death lawyer to ensure you’re within the permitted window.
Contact a Connecticut Wrongful Death Lawyer Today
Wrongful death lawsuits are often complex, confusing, and emotional. If you have lost a loved one due to someone else’s negligence or wrongful act, we are here to help.
At Jonathan Perkins Injury Lawyers, our Hartford injury lawyers proudly represent accident victims and their families. We understand the law and how it applies to your situation. If you find yourself in this situation, we are here to help. The first step is to contact our law firm to schedule a free consultation to discuss your case.