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.
Here you can learn the legal details of who can file a wrongful death claim in New Haven.
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.
Statute of Limitations
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.
Damages
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.
Contact Jonathan Perkins Injury Lawyers for Help with Your Wrongful Death Claim
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.
The personal representative of the deceased individual’s estate has the right to file a wrongful death claim, and certain surviving family members may also be entitled to file a claim. It’s important to note that there is a statute of limitations for filing a wrongful death claim, and if the claim is successful, the surviving family members may be entitled to damages, including economic, non-economic, and punitive damages.
If you believe that your loved one’s death was the result of the wrongful or negligent acts of another person or entity, it’s important to speak with an experienced New Haven wrongful death attorney as soon as possible.
At Jonathan Perkins Injury Lawyers, we can help you determine whether you have a valid wrongful death claim and can guide you through the legal process.
In addition, it’s important to remember that wrongful death claims can be complex, and multiple parties could be held liable for the deceased individual’s death. For example, if the deceased individual was killed in a car accident, the driver of the other vehicle, the vehicle manufacturer, and even the government agency responsible for maintaining the road could be liable.
Therefore, it’s important to thoroughly investigate the circumstances surrounding the deceased individual’s death to identify all potentially liable parties.
If you need help with a New Haven wrongful death claim, contact Jonathan Perkins Injury Lawyers to schedule a free consultation.