Experiencing the loss of a loved one due to another person’s negligence is one of the most devastating challenges one can face. The emotional pain can be overwhelming, and the following financial burden only worsens the situation.
Turning to a Stamford wrongful death attorney can make a difference in times like these. Seeking justice and compensation can help ease the financial strain and bring a sense of closure.
At Jonathan Perkins Injury Lawyers, we know just how difficult it can be to lose a loved one due to another person’s negligence. For this reason, we fight hard to help our clients get justice.
Who Can File a Wrongful Death Claim?
When a loved one dies due to someone else’s neglect, wrongful act, or default, it is not their family members who can sue. In Connecticut, a wrongful death claim can only be filed by the executor or administrator of the deceased person’s estate, as per Connecticut General Statutes Section 52-555.
This individual brings the claim on behalf of the estate and beneficiaries, and any compensation awarded in this type of case does not become a general asset of the estate but is for the benefit of those who would inherit from the deceased.
In addition, the Connecticut wrongful death statute specifies that the action must be filed within a specific period (generally three years from the date of death), and the law does not allow recovery for damages like loss of consortium for family members except in limited situations.
Common Causes of Wrongful Death Accidents
Wrongful deaths can result from many types of accidents, some of which are more common than others.
Car Accidents
Car accidents are one of the leading causes of wrongful death claims. Distracted driving, speeding, and driving under the influence are frequent causes of fatal accidents. Statistics show that many lives are lost due to reckless or negligent driving, and families often turn to a wrongful death lawyer in Stamford, CT, for help.
Truck Accidents
Due to their size and weight, truck accidents are particularly dangerous. They can result from driver fatigue, improper loading, or mechanical failure.
Motorcycle Accidents
Motorcycle accidents often result in severe injuries or fatalities. Without the protection that cars offer, motorcyclists are particularly vulnerable.
Pedestrian Accidents
Pedestrians hit by cars, trucks, or buses face a high risk of death. Whether it’s a busy intersection or a crosswalk, drivers must remain vigilant to prevent tragic accidents.
Sports-Related Accidents
While most sports injuries are minor, in some cases, they can lead to fatalities, especially in contact sports or extreme activities.
Workplace Accidents
If employers fail to provide safe working conditions, they can be held responsible for wrongful deaths. Unsafe machinery, lack of training, or improper safety gear can all lead to deadly workplace accidents.
Product Liability
Defective products, such as faulty machinery or unsafe drugs, can lead to fatal accidents. Manufacturers, distributors, and retailers can be held accountable.
Dog Bites and Animal Attacks
In some cases, wrongful death claims arise from fatal injuries caused by animal attacks, such as dog bites, where the owner is responsible for the animal’s actions.
Nursing Home Abuse
Elderly residents in nursing homes deserve proper care, but sometimes neglect or abuse can lead to wrongful deaths. If a loved one has died due to poor care or neglect, it’s essential to seek legal help.
Slip and Fall Accidents
Property owners have a duty to keep their premises safe. They may be liable when someone dies due to unsafe conditions, such as unmarked wet floors or broken stairs.
A top-rated wrongful death lawyer in Stamford can guide you through the legal process and help determine the cause of death to build a strong case.
Wrongful Death Claims vs Survival Actions
When filing a legal action after losing a loved one, two types of actions can be taken. These include filing a wrongful death claim or filing a survival action. The differences between these include:
- Wrongful Death Claim: This is filed on behalf of the deceased’s family members to seek damages related to the loss, such as funeral expenses, loss of income, and emotional suffering.
- Survival Action: This type of claim is filed to recover damages the deceased person could have claimed had they survived. This can include medical bills and the pain and suffering they endured before passing away.
A no-win, no-fee wrongful death attorney in Stamford can help explain the differences and determine the right option for your case.
Damages You Can Recover in a Wrongful Death Case
Several types of damages can be recovered in a wrongful death case. These include:
Economic Damages
These cover financial losses like medical bills, funeral costs, and lost income. If the deceased was a provider for their family, these damages are crucial for maintaining financial stability.
Non-Economic Damages
These are more subjective and include compensation for pain and suffering, loss of companionship, and emotional distress. While it’s hard to put a price on these losses, they are an essential part of a wrongful death case.
Punitive Damages
In cases where the responsible party’s behavior was particularly malicious or reckless, punitive damages may be awarded. These are meant to punish the wrongdoer and prevent similar actions in the future.
Stamford’s best wrongful death attorney can help ensure you receive the compensation you deserve.
Factors Considered When Determining Damages
Several factors are taken into account when calculating the damages in a wrongful death case, including:
- Age and Health: The deceased’s age and health can impact the amount of compensation. Younger, healthier individuals might have earned more over their lifetime, which affects the damages.
- Earning Capacity: The court will consider the deceased’s earning potential when calculating compensation. If they had a high-paying job or were expected to have significant future earnings, this would be reflected in the final amount.
- Degree of Fault: The level of responsibility of each party involved in the accident will affect the damages. If the deceased was partially at fault, this might reduce the compensation.
- Impact on Family: The loss of a loved one affects everyone differently. Courts will consider the financial and emotional effects on the family members left behind.
What to Expect During a Wrongful Death Lawsuit
Knowing what to expect can make pursuing a wrongful death lawsuit less intimidating.
- Investigation: The first step is an investigation to gather evidence. Your Stamford wrongful death lawyer will work with experts to build a strong case.
- Filing the Claim: Once the evidence is gathered, your lawyer will file the wrongful death claim, outlining the legal basis and requesting compensation.
- Discovery: Both sides will exchange evidence and gather information to strengthen their case. This may include witness statements, medical records, and expert opinions.
- Negotiation: Many people can settle wrongful death claims without going to court. Your lawyer will negotiate with the other party to try and reach a fair settlement.
- Trial: If the attorneys are unable to reach a settlement, the case may go to trial. Both sides will present their arguments, and a judge or jury will decide the outcome.
A no-win, no-fee wrongful death attorney in Stamford ensures you won’t pay unless your case is successful.
Settlements and Trials in Wrongful Death Cases
Both settlements and trials have pros and cons. Settlement out of court can save time and reduce stress, but a trial might result in a higher compensation amount. Factors that influence whether to settle or go to trial include the strength of the case, the amount of compensation offered, and the risk of an unfavorable verdict at trial.
A top-rated wrongful death lawyer in Stamford can help you weigh these options.
Liable Parties in Wrongful Death Cases
In a wrongful death case, many different parties could be held responsible. This might include individuals (like a negligent driver), businesses (such as a company that produced a defective product), government entities, or even property owners. Identifying the liable party is critical to ensuring the case is successful.
FAQs About Wrongful Death Cases
Here are answers to some common questions about wrongful death claims:
What is the typical timeline of a wrongful death case?
The duration of a wrongful death case can vary significantly. It could take several months if a settlement is reached early or stretch into a few years if the case goes to trial. Factors like gathering evidence and court schedules can affect how long it takes.
What’s the difference between a wrongful death claim and a criminal case?
A wrongful death claim focuses on getting financial compensation for the family’s loss. In contrast, a criminal case is about punishing the wrongdoer through jail time or fines. A person can face both a wrongful death claim and a criminal case at the same time.
Can I file a wrongful death claim if my loved one has a pre-existing condition?
Yes, you can. Even if your loved one had a pre-existing condition, you can file a claim if the wrongful act played a role in their death or made their condition worse.
Contact Our Stamford Wrongful Death Attorney Today
If you’ve lost a loved one due to someone else’s negligence, you deserve justice and compensation. A Stamford wrongful death attorney can help guide you through the legal process, answer your questions, and fight for the compensation you deserve. Contact Jonathan Perkins Injury Lawyers today to schedule a consultation and learn how they can assist you in your wrongful death case.