You could be eligible to sue those responsible for your loved one’s untimely demise. The lawsuit will be filed as a wrongful death case. We at Injured CT, a Danbury wrongful death lawyer can help you navigate the different challenges associated with such legal matters.
We have a team of law experts familiar with what families endure after the sudden loss of a loved one, especially when they are the primary breadwinner.
Wrongful death can impact the family in different ways, ranging from emotional to financial wellness. Our Danbury personal injury lawyer will work closely with other specialists in different fields to ensure they put together a strong case founded on a winning formula.
That means we shall be committed to seeing you walk away with fair compensation for your loss, pain, and suffering. The firm will avail all the necessary resources needed to pursue justice on you and your family’s behalf.
Call our law offices in Danbury to schedule a free case review and know more about how we can help.
How Is Wrongful Death Defined in the State of Connecticut?
Wrongful death cases in the state of Connecticut are subject to state statute. A person can file the lawsuit when their relative’s demise directly results from another person’s wrongful, reckless, intentional, or negligent act.
The accused can also be a company or government entity. The case shares similar foundations with a personal injury lawsuit, but with the victim in question dead.
Under Connecticut State laws, a surviving family member, the deceased’s representative, or the appointed executor of the decedent’s estate can file a wrongful death lawsuit.
All the damages recovered in the case must be distributed as per the departed’s will. If your late loved one did not have a will, distribution of the recovered damages would be as per the State of Connecticut’s intestacy laws, controlling the dispersal of estates in the absence of a trust or will.
Wrongful death can happen because of different reasons and circumstances, many of which are not new to us and tend to form legal grounds for pursuing this type of lawsuit. Some of the reasons that set the stage for a wrongful death case include:
- Intentional homicide and other such criminal acts.
- Medical malpractice like misdiagnosis, surgical errors, medical injury, and wrong medicine prescription.
- Defective products, such as drugs, electronics, medical devices, appliances, vehicles, and machinery, caused death. They also could constitute grounds for seeking product liability claims.
- Pedestrian accident deaths.
- Nursing home neglect and abuse that resulted in death.
- Food contamination and other sanitation issues.
- Faulty construction and engineering designs and related malpractices.
- DUI accident fatalities.
Who Qualifies to File a Wrongful Death Claim in Connecticut?
Anyone filing a wrongful death case in Connecticut must be related to the departed. They can be a spouse, parent, child, relative, or designated personal representative of the decedent’s estate. That means you have no ground of filing the lawsuit if the deceased was a work associate or close friend.
The personal representative is legally considered the rightful overseer of the dead person’s estate and is expected to transfer recovered damages to the departed’s kin.
If the departed left a will, listing the beneficiaries of their estate, the appointed personal representative must oversee the distribution of the estate’s entirety as instructed in the will. It is wise to consider having an experienced lawyer present during the distribution of the decedent’s estate.
Our Danbury wrongful death lawyer can help ensure that the estate’s disbursement is done to the letter and within the law.
What Types of Damages Are Recoverable?
Determining the compensation to pursue in the wrongful death case is subject to various factors. The beneficiaries seeking compensation for their loved one’s untimely demise can accuse the party responsible for acting negligently, recklessly, or with intent.
Our attorneys can help you fight for your departed’s rights and will seek to recover the following damages:
- Medical bills. It is meant to help you and your family cover the expenses incurred when treating your departed loved one’s injuries and costs incurred during the recovery process. We believe those who had a hand in your family member’s death should cover these costs.
- Future lost wages. If the deceased was the family’s sole or primary source of financial resources, the family is left struggling to meet the daily expenses. That is why we shall pursue damages to cover current and future lost wages, amounting to what the family would have gained if their loved one was alive and working.
- Funeral costs and expenses. We can help you recover these damages when filing a wrongful death compensation claim. The responsible parties will be the ones to shoulder the funeral and burial costs.
- Lost companionship. Losing a loved one is heartbreaking no matter which way you cut it, a loss that is hard to determine its monetary value. Nevertheless, it still is a weighty matter with significant implications in the lives of the surviving kin. The damages are not a replacement of what you lost as a child, spouse, or parent, but it does cover something we believe is essential in helping you.
Can the Surviving Family File for Punitive Damages?
Filing for punitive damages is a matter that is relatively subjective to the different circumstances surrounding the departed’s untimely death. As such, the surviving family may or may not file for punitive damages.
However, they can seek compensation for such losses via validating how the accused’s actions are directly linked to their loved one’s demise. They must prove to the court (judge or jury) that the culprit’s actions were negligent, intentional, reckless, or grossly indifferent, warranting stiffer punishments to serve as a deterrent to others.
How Is Negligence Determined in a Wrongful Death Case?
When you come to us seeking an experienced Danbury wrongful death lawyer, we shall review the matter and conduct thorough investigations to determine any evidence of reckless, negligent, or malicious conduct.
Such an approach is similar to how a personal injury lawsuit is handled, and this means we shall be looking for any facts that prove the following:
- Duty of care: That the accused owed the decedent a duty of care.
- Breach of duty: That the defendant violated or breached the duty of care through their action or inaction, which another reasonable person in the same situation would have responded to appropriately.
- Damage: That the accused’s breach of duty directly led to the death in question.
- Causation: Show that the death was caused by the defendant’s conduct and not any other cause.
How do You Start a Wrongful Death Claim in Connecticut?
If you are considering filing a wrongful death lawsuit, it is wise to consider a seasoned Danbury personal injury lawyer’s advice and guidance. At Injured CT, we have highly qualified, experienced, and reputable law experts that will help ensure justice is served for your departed relative.
The first step to determine if there is a case worth pursuing and if your late loved one left a will or estate plan. If he or she did not draft one, we could help set up one to guide the distribution of the deceased’s estate. Conversely, we can guide you on how to select an estate representative.
Once we have these vital aspects covered, we investigate the death to find enough evidence that merits filing the Wrongful death lawsuits as per Connecticut State laws.
The sooner you come to us, the sooner we can start these processes, sometimes taking some time. However, we shall be on hand to expedite the procedures so that your case is filed within the Connecticut wrongful death claims statute of limitation.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
When seeking compensation in a wrongful death lawsuit, you will file for damages for your loved one’s “full value of life.” It will compensate for the loss of consortium, work-related benefits, lost wages, intangible benefits such as care, companionship, love, and parental responsibilities.
Conversely, your attorney can also pursue an estate claim, which will recover financial losses suffered after your loved one’s unexpected death.
You will be considered the departed’s estate seeking reimbursement for losses occasioned by your loved one’s death. The recoverable damages include medical costs, funeral and burial expenses, and the pain and anguish the death caused.
Hire Dependable Legal Counsel from Winters and Yonker and Get Dedicated Representation
A family member’s sudden demise can be traumatic and with a significant impact, especially when the person was the primary breadwinner. At Injured CT, we are too aware that money cannot fill the void left by your loved one’s death.
However, we shall commit our time and expertise to help you get the fair compensation that will help your family be financially stable as it picks up the pieces.
You should consider working with a seasoned and reliable Danbury wrongful death lawyer if you want to improve your chances of getting fair compensation and justice for your departed.
Call our law offices in Danbury, CT to schedule a free case review and get advice on steps you must take.