New Haven Wrongful Death Lawyer

What are you supposed to do when you lose a loved one out of the blue? How are you supposed to grieve knowing that the person responsible for their death is still out there? A New Haven wrongful death lawyer can offer you the support you need to pursue a civil case against a liable party, alleviating your financial burden and offering you a sense of peace.

Jonathan Perkins Injury Lawyers has experience helping Connecticut families navigate the complexities of wrongful death claims. We do not want to add to your stress and can take steps to preserve your legal rights without infringing on your right to grieve.

What Is Wrongful Death Under Connecticut Law?

Wrongful death is a legal term used to describe a situation in which an individual dies due to another person or entity’s wrongful or negligent acts. Wrongful death claims are civil lawsuits that can be filed by surviving family members or other individuals who are entitled to bring such claims under New Haven law.

What Damages Can Our Lawyers Obtain for You

If a wrongful death claim is successful, the surviving family members may be entitled to damages. Damages are a form of monetary compensation intended to compensate the surviving family members for the losses they have suffered due to the deceased individual’s death.

Several types of damages may be awarded in a wrongful death claim, including the following:

• Economic damages: These are intended to compensate the surviving family members for the financial losses they have suffered due to the deceased individual’s death. This may include compensation for medical expenses, funeral expenses, and lost income.
• Non-economic damages: These are intended to compensate the surviving family members for the emotional pain and suffering they have experienced as a result of the deceased individual’s death. This may include compensation for loss of companionship, loss of guidance, and mental anguish.
• Punitive damages: In some cases, punitive damages may be awarded in a wrongful death claim. Punitive damages are intended to punish the defendant for their wrongful conduct and deter similar conduct.

Understanding Connecticut’s Interpretation of Wrongful Death Statutes

When do you have the right to pursue a wrongful death claim? If you abruptly lose someone you love in an accident, you may have the right to file a claim if you can prove that their wrongful death stemmed from:

• Avoidable negligence
• Medical malpractice
• Malicious intentionality

Pursuing a personal injury claim against the party responsible for your loved one’s passing allows you to financially recover based on the losses your loved ones sustained. You may specifically request compensation based on the costs your loved one and your family wrongfully endured.

You may also have the right to pursue a criminal case against the party responsible for your loved one’s death, especially in instances where it appears a liable party planned to kill them or otherwise broke the law.

You can discuss what overlap there may be between your right to a civil and criminal case when you meet with our New Haven wrongful death attorneys.

Who Can File a Wrongful Death Claim in New Haven?

Under Connecticut law, the personal representative of the deceased individual’s estate has the right to file a wrongful death claim on behalf of the deceased individual’s surviving family members. The probate court typically appoints the personal representative and has the authority to manage the deceased individual’s affairs, including bringing legal claims.

Surviving Family Members

In addition to the personal representative of the deceased individual’s estate, certain surviving family members are also entitled to bring a wrongful death claim in New Haven.

These individuals include the following:

• Spouse: The surviving spouse of the deceased individual has the right to file a wrongful death claim in New Haven.
• Children: If the deceased individual had any children, they might also have the right to file a wrongful death claim in New Haven. This includes both biological and adopted children.
• Parents: If the deceased individual did not have a spouse or children, their parents might have the right to file a wrongful death claim in New Haven.
• Siblings: If the deceased individual did not have a spouse, children, or parents, their siblings might have the right to file a wrongful death claim in New Haven.

It’s important to note that under Connecticut law, surviving family members can only file a wrongful death claim if they are named as beneficiaries in the deceased individual’s will or if they would have been entitled to inherit from the deceased individual’s estate under Connecticut’s intestacy laws.

Most people name an executor when crafting their will. Oftentimes, a person’s child or spouse may assume the role of executor, but the right to action falls strictly to whoever the deceased named as responsible for their estate in their will.

If someone dies before naming an executor, Connecticut’s civil courts can appoint an executor on behalf of the deceased. The court may also specify parties it will not allow to pursue compensation on behalf of the deceased.

Who Receives Compensation from a Wrongful Death Lawsuit?

While an executor is the only party who can file a wrongful death claim on behalf of a deceased individual, the compensation they receive after pursuing a claim can be divided between the parties named in the deceased’s will.

If, for example, the deceased declared that their spouse should receive all of their assets at the time of their death, those assets will include any settlement secured when pursuing a wrongful death claim. If the deceased didn’t outline a distribution plan, then a family may refer to Connecticut’s laws for intestate succession to determine how to distribute a settlement.

Connecticut Statute of Limitations for Wrongful Death Cases

It’s important to note that there is a statute of limitations for filing a wrongful death claim in New Haven. The statute of limitations is when a lawsuit must be filed, or the claim will be forever barred. Connecticut’s statute of limitations for filing a wrongful death claim is two years from the date of the deceased individual’s death.

Exceptions to Connecticut’s Wrongful Death Statute of Limitations

There are some exceptions to Connecticut’s wrongful death statute of limitations, all of which are designed to account for extreme circumstances that may have led to your loved one’s death. You have the right to pursue a wrongful death claim regardless of the date of a loved one’s death if they were:

• Murdered
• Murdered with special circumstances
• The victim of arson
• The victim of manslaughter in the first degree
• The victim of manslaughter in the first degree with a firearm
• The victim of another kind of felony murder

However, Connecticut’s civil courts will not waive the deadline relevant to your case unless its criminal courts convict a liable party of killing your loved one or if that person is found not guilty by reason of mental illness or other defects.

When Should You Contact a New Haven Wrongful Death Lawyer?

If you’re someone’s personal executor, and you want to take legal action on their behalf, you need to know by what date you need to file your wrongful death claim. Connecticut’s wrongful death statute of limitations usually allows you to take up to two years from the day a person dies to complete and file your paperwork.

However, Connecticut’s civil courts will not review wrongful death claims brought forward more than five years after the day of the accident that caused someone’s death. In other words, if your loved one slips, falls, and dies of related injuries six years later, you may not file a wrongful death claim in their name.

If you want help interpreting Conn. Gen. Stat. § 52-555 or otherwise exploring your right to take legal action on behalf of a deceased loved one, we recommend calling a wrongful death lawyer in New Haven, CT. Your case consultation with our team comes free of charge.

You Can Schedule a Wrongful Death Case Consultation Today

Jonathon Perkins Injury Lawyers believes that everyone deserves the time, space, and resources they need to mourn the people they’ve lost in life, especially when that loss comes out of nowhere. Our wrongful death attorneys in New Haven, CT, want to give you those resources along with the justice you deserve.

Families like yours deserve to feel supported throughout your time of loss. When you’re ready, you can book a free, no-obligation consultation with our team. We can walk you through your legal options and help you pursue a path toward recovery that prioritizes your personal and financial well-being. Don’t let justice slip through your fingers. Jonathan Perkins Injury Lawyers is here for you!