Wrongful death can be as hurtful as it is final. No pain beats the one from losing a loved one to preventable causes. That’s why it would be best to sue the person(s) responsible for the wrongful death. Furthermore, if you successfully file a claim, you can recover any financial losses the death may have caused the family.
However, you don’t have all the time in the world to file a lawsuit. Connecticut law specifies a definite time frame for filing wrongful death suits. So, it would help to hire a Hartford wrongful death attorney. Any good lawyer knows that your right to the courts is time-dependent. Therefore, they can supply the necessary push for accelerated claims filing.
Causes of Wrongful Death
Wrongful death can occur in Hartford through the negligent or wrongful act of a person. The fault party could be an individual, corporate body, or even a government agency or entity. Furthermore, wrongful death can occur through any of the events that can cause personal injuries.
- Car accidents
- Medical malpractice
- Construction site accidents
- Unsafe premises
- Defective products
- Fires and explosions
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A successful claim can result in an award for the costs of medical treatment. This would include hospital bills and the cost of nursing services. Furthermore, the executor can recover the funeral expenses of the decedent. Other recoverable damages include:
- Pain and suffering before death
- Loss of enjoyment of life
- Lost income
Again, the surviving spouse can recover for loss of consortium. Consortium refers to the loss of the deceased’s companionship and care. These are qualities the spouse could only enjoy because of the marriage.
Who Can File a Wrongful Death Suit in Hartford, CT?
Unlike what’s obtainable in other American states, family members can’t file wrongful death claims in Connecticut. The state has a more restricted list of persons who can bring wrongful death lawsuits. Only the executor or administrator of the deceased’s estate can file a lawsuit. The executor is responsible for closing the deceased’s estate upon their death.
Usually, people have the right to appoint their executors or administrators. However, in some cases, the decedent dies without appointing anyone. In such cases, the court will make an appointment on behalf of the deceased.
Determining whether there are sufficient grounds for a lawsuit is easy. All you have to do is establish whether or not the decedent would have had the right to file a personal injury lawsuit when alive. An affirmative answer equals justification for a wrongful death claim.
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Statute of Limitations for Connecticut Wrongful Death Cases
Civil actions often have statutory periods for filing lawsuits. State laws often provide when litigants must bring their case to court. For Hartford wrongful death claims, you must file the suit within two years. This is the effect of Connecticut’s General Section 52-555. The time starts to count from the death date.
Extensively, a qualified person cannot bring a claim more than five years after the act or omission that resulted in death happened. The five-year limit is called the Statute of Repose. It usually applies to cases where negligent actions resulted in illnesses or injuries that caused death.
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Exceptions to Connecticut’s Statute of Limitations
If you don’t bring your claim within the statutory period, the court will bar your rights to compensation. However, the law has exceptions to this general rule. Therefore, you can bring a late action if the person legally responsible for the fatal injury has been:
- Convicted; or
- Declared not guilty
However, the not guilty decision must be based on the fault party’s mental disease. Furthermore, the person may have escaped conviction because of a technicality. In all, it’ll be best to file timely actions. You don’t even have to wait for the two-year limit to get close before approaching the court. Delay is always dangerous, especially for wrongful death claims.
Hartford’s Best Lawyers Can Represent You!
Monetary compensation cannot cover the emotional loss and pain you feel from your loved one’s death. However, it can prevent you from suffering financial losses too. So, it’ll be best to hire the best wrongful death attorneys in Hartford.
At Injured CT, our lawyers have handled a significant number of wrongful death lawsuits. We have also recorded considerable successes. If you hire us today to represent you in court, we can get you the compensation you deserve. Therefore, it’ll be best to call our law office today for a free consultation on your case.