Losing a loved one is one of life’s most painful and difficult experiences. It can be even harder to handle when the death is unexpected and could have been prevented. If you lost a loved one in a wrongful death accident, finding a foothold to once again move forward with your life can be challenging.
While money is unlikely to be the first thing on your mind after the death of a loved one, this loss can significantly strain your finances, especially if the deceased was the primary earner for your household. At Injured CT, we know how difficult this period can be. Contact one of our Bristol wrongful death lawyers by phone or through this site to learn more about how we can help with a free case evaluation.
Who Can File a Wrongful Death Claim?
While many states allow for a variety of family members to file wrongful death claims, that is not the case in Connecticut. Instead, the only party eligible to file a claim is the executor of the deceased party’s estate. The executor may be appointed in the will of the wrongful death victim. However, a probate court will appoint an executor if this is not the case.
In most cases, the court will appoint the spouse, adult child, or another close family member of the deceased as the executor. You should also note that only damages suffered by the wrongful death victim can be claimed. The losses of family members are not considered, aside from a special exception for the spouse of the deceased, who can claim loss of consortium damages.
With this system, the only damages that can be claimed include losses such as:
- Future loss of earnings of the deceased
- The pain and suffering of the deceased leading up to their death
- Medical expenses incurred prior to death
- Funeral and burial costs
The financial compensation recovered goes into the deceased’s estate and is distributed according to the wishes expressed in their will.
For a free legal consultation with a wrongful death lawyer serving Bristol, call (855)-285-3425
Steps a Bristol Wrongful Death Lawyer Will Take on Your Behalf
When you hire a Bristol wrongful death lawyer to help you recover compensation after the loss of a loved one, they will take a variety of actions to ensure that the liable party is held accountable. Your attorney will take over every aspect of your legal case so you can focus on your family and cope with your grief.
One of the first steps your lawyer will take will be to begin their own investigation into the death of your loved one. This inquiry will likely include:
- Visiting the site where the incident occurred to take photos and record observations of anything relevant
- Obtain a copy of any reports about the death
- Review the medical files of the deceased
- Talk to eyewitness
- Consult experts
The next step will be for your attorney to establish which damages you are eligible to pursue and calculate how much your wrongful death claim is worth. Your lawyer will then either file the paperwork needed for an insurance claim or a wrongful death lawsuit against the liable party.
Your attorney will then complete the steps required for the insurance claim or lawsuit in an effort to recover the compensation you need and deserve. However, whichever path you pursue, it is likely that your case will end with a settlement agreement negotiated by your attorney.
Bristol Wrongful Death Lawyer Near Me (855)-285-3425
Why Most Wrongful Death Lawsuits Conclude in Out-of-Court Settlements
If you are attempting to recover compensation through a wrongful death lawsuit, your case is unlikely to ever see the inside of a courtroom. The majority of wrongful death suits conclude with a settlement for the simple reason that settling is often in the best interest of everyone involved.
Reaching a settlement deal will result in getting money for the estate of the deceased much quicker than going to court. Furthermore, with a settlement, there is no worry about the uncertainty that comes with a jury trial. The defendant also benefits by paying less in legal fees while not being exposed to the press coverage that can accompany a trial.
However, even though your case is likely to settle, you still need to be prepared for the possibility of going to court. There is always a chance that the liable party will be unwilling to agree on a fair deal, necessitating a trial. Having an experienced wrongful death lawyer on your side is essential for building a strong case on your behalf.
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How Long do I Have to File a Wrongful Death Lawsuit in Bristol?
Following the death of a loved one, the executor of their estate has two years to file a wrongful death lawsuit in Connecticut. If you fail to meet the deadline set forth by the statute of limitations, you could be out of options for recovering damages.
However, there are some instances where the details of a case allow for a wrongful death lawsuit to be filed after the standard two-year limit. Of course, there are also situations in which the circumstances surrounding the death place further restraints on the amount of time you have to take legal action.
To ensure you don’t lose your right to pursue compensation because of an unexpected deadline, hiring an experienced wrongful death lawyer as soon as possible is essential. Your attorney will identify the deadline that applies to your case and ensure that all the required paperwork is filed on time.
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Contact a Wrongful Death Lawyer in Bristol Today
If you are the executor of the estate of a loved one who suffered a wrongful death, it is essential that you hire an experienced lawyer to help you recover compensation. At Injured CT, our team of Bristol wrongful death lawyers has a history of recovering significant compensation in these types of cases.
Contact us today by phone or through our online contact form to schedule a free, no-obligation case review. A member of our team will review your case and advise you of your legal options.