Car accidents in Middletown are one of the leading causes of death worldwide, and the United States is not an exception. More than 38,000 people die annually on U.S roads, according to data from the Association for Safe International Road Travel. However, not all of these deaths fall under wrongful death cases.
As car accident lawyers, we occasionally come across clients who think the death of a loved one is grounds for a wrongful death case. Some are disappointed when we tell them that they cannot file wrongful death cases.
Therefore, our car Middletown accident lawyers have written this article for you to provide a better understanding of wrongful death cases.
What Is Wrongful Death?
This term refers to any death caused by another person’s wrongful actions. For example, this death could be through a car accident, at work, medical malpractice, defective product, etc. Usually, a lawsuit of this type is brought by the deceased’s family, who seeks compensation for the losses that the deceased’s death has caused.
For a free legal consultation, call (855)-285-3425
Who Can Sue?
Unlike other personal injury cases, the victim cannot file a suit because they are dead. Therefore, it is left to someone related to the deceased to file a lawsuit. However, this is where things get interesting. Most states allow any member of the deceased’s family to file a lawsuit.
Only an executor or administrator of the deceased’s estate can bring a lawsuit in Connecticut. Unfortunately, some people die without a will. But thankfully, under Connecticut law, the court may appoint an administrator or executor.
The person is responsible for filing any wrongful death action. There is also a Statute of Limitations for cases in Connecticut; the law allows for two years from the date the victim died.
What Damages Can You Get from These Cases?
Before filing for wrongful death, you may want to know what damages you could get. Like most personal injury cases, the damages from a case of this type are determined by several factors. For example, the court will look through burial and funeral expenses, loss of consortium, necessary medical expenses, pain and suffering suffered by the deceased, and lost earning capacity.
Click to contact our personal injury lawyers today
When does a Fatal Car Accident Become a Wrongful Death Case?
Having explained what these cases are and the damages that can be gotten, we turn our attention to scenarios where a car accident could become a wrongful death case.
But, first, it is important to state that even if a person dies in any of the scenarios mentioned below, it may not be enough grounds for a lawsuit. Therefore, you need to hire a lawyer to examine your case based on its merits.
Most cases involving a drunk driver usually reveal the drunk driver as the at-fault party. Therefore, it is possible that if your loved one was killed in an accident involving a drunk driver, you might be able to file a claim.
Distracted drivers are prime candidates for these cases. About 3,000 people lose their lives annually due to distracted driving.
Overspeeding is also another scenario that could lead to a lawsuit.
Any car accident where the driver is considered reckless could easily become one of these lawsuits.
Complete a Free Case Evaluation form now
What Are the Elements of a Wrongful Death Case?
Simply losing your loved one in any of the aforementioned scenarios is not enough grounds for a case. There are still some factors that must be present. In this section, we examine some elements of these cases.
The first element is that there must be an accident and that the defendant owed the deceased a duty of care. It must also be shown that the defendant did not live up to this duty of care and that an accident that led to the deceased’s death happened. In addition, the deceased’s family must have suffered emotional or financial losses due to the death.
Learn How Car Accident Lawyers in Middletown Can Help You
If another driver’s negligence led to the death of a member of your family, you might have enough grounds to file a case. We understand that you’re most likely grieving. So, we’d like to take the burden of pursuing a case away from you.
Our personal injury lawyers have handled over 100 cases of this type, so you can be sure that we are qualified to handle your case. We know how important this is to you, and we treat it as such. Get in touch with Injured CT today.