If your husband or wife dies in a tragic accident, the last thing you’re thinking about is filing a lawsuit. However, after some time goes by, this may be something you need to consider.
If you feel someone else is responsible for your loved one’s death, they need to be held accountable. In order to know if you have a claim, you should call and talk to a Middletown wrongful death lawyer. They can review your case and tell you what your options are.
If you believe you want to move forward, you’ll need to coordinate with the executor of your spouse’s estate. They are the only ones who can file suit on your family’s behalf. You should call our office and schedule your free consultation as soon as you think you’re ready.
In Connecticut, Only the Executor of the Estate Can Sue
Connecticut is strict when it comes to wrongful death laws. In most states, the decedent’s spouse or family can file suit on behalf of their loved one. That isn’t the case in Connecticut. In Middletown, only the executor or administrator of the estate can file a wrongful death lawsuit.
This can make it difficult for the family. You lost your spouse in an accident. You want to be the one to handle the lawsuit. You want to be involved. Unfortunately, this is the way it works.
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The Estate May Demand Damages
If the estate decides to file a wrongful death lawsuit on behalf of your spouse, they’ll demand damages. This is no different than if your spouse survived and filed suit themselves. Some of the damages your Middletown wrongful death lawyer may ask for includes the following:
- Medical bills and hospital bills
- Funeral and burial expenses
- Pain and suffering that your spouse experienced before they passed
- Lost income and lost future earnings your spouse would have had
- Loss of consortium (only for the spouse)
Your Middletown wrongful death lawyer will review your case and let you know what sort of damages you can demand.
The Court Can Appoint an Executor If Necessary
When some families call our office, they’re worried that they can’t sue because their loved one didn’t name an executor in their will. Or maybe they died without a will. If that’s the case, the court can always appoint an executor on your behalf.
Your Middletown wrongful death lawyer can help you make this happen. You don’t want to lose your chance to sue just because you didn’t have an executor in place.
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If You Miss the Statute of Limitations the Case Will Be Dismissed
One important thing to keep in mind is that you only have two (2) years to file suit. You technically won’t be the one filing the suit. The executor of the estate must do that. But they’ll only do this at the urging of your family.
Under Connecticut law, you only have two (2) years to file a wrongful death lawsuit. This is because the statute of limitations is only two years. The two years start on the day your spouse passes away.
If you happen to miss this deadline, there’s nothing your Middletown wrongful death lawyer can do to help. The judges are very strict about these rules. Unless you meet one of their very limited exceptions, you need to file on time or surrender your right to sue at all.
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Call and Speak with an Experienced Middletown Wrongful Death Lawyer
When your spouse passes away, your entire life shuts down. You need to take time out so you and your family can grieve properly. You also need to take care of your spouse’s final affairs. This will be one of the hardest things you’ve ever done.
Hopefully, you have an estate attorney handling that side of things for you. If your wife or husband died in some sort of accident, you may also have a claim for wrongful death. In order to find out, you should call Injured CT today and talk to one of our experienced Middletown wrongful death lawyers.
Right now, the last thing you’ll want to do is fight with the courts or someone’s insurance company. You’re better off letting a legal professional take care of this for you and your family.
All you have to do is call and set up a time to meet with one of our staff. They can sit down and review your options with you. The initial consultation is free, and you don’t pay a dime until the case is resolved.