It’s always tragic to see your loved one die an untimely death. But what if someone else is responsible for such a catastrophic event? Wouldn’t you want to punish the offender right away?
You will need a Fairfield wrongful death lawyer to handle this type of case and help you recover compensation from the responsible party. While financial compensation can’t take away the pain of your loss, it can ease the burden on your family.
Although it is possible to file a wrongful death case alone, you should let the professionals handle it on your behalf. You may not know the best way to approach the court and prove your case against the defendant. Here’s where Injured CT can provide you the justice you deserve.
If you feel that someone else is responsible for your loved one’s death, don’t hesitate to get in touch with our personal injury lawyers in Fairfield. Contact us today for a free case review.
How Is Wrongful Death Defined in Connecticut?
In Connecticut, a wrongful death lawsuit is usually filed against a person or company whose wrongful or careless actions are believed to have caused someone’s death. At Injured CT, one of our lawyers will listen to your case in detail and lets you know how strong it can hold in court.
Sometimes, people think that wrongful death is similar to manslaughter or murder. Murders and manslaughter are solved under the criminal court.
Wrongful death, on the other hand, comes under the civil court. The perpetrator could face both criminal charges and a civil lawsuit for wrongful death.
Here are some examples of what falls under wrongful death claims:
- Medical malpractice, including medical injuries, misdiagnosis, medication errors, or surgical errors
- Engineering malpractice, such as faulty construction
- Defective products like medical devices, vehicles, electronics, drugs, or appliances
- Pedestrian accident fatalities.
- Sanitation problems or contaminated food served in commercial establishments.
- Negligence in the nursing home, such as providing the wrong dose of medicine or not paying attention to a patient
- Driving under the influence of alcohol
- Improper or illegal alcohol service. For example, if a bartender continues servicing alcohol to a visibly intoxicated person or serves alcohol to a minor that leads to his death.
Criminal actions, such as deliberate homicide.
For a free legal consultation with a wrongful death lawyer serving Fairfield, call (855)-285-3425
Who Is Qualified to File a Wrongful Death Claim in Connecticut?
Only the administrator or executor of the deceased’s estate can file a wrongful death lawsuit in Connecticut. If there is no will, the court may appoint an executor. The compensation goes to the estate if the lawsuit is successful.
Fairfield Wrongful Death Lawyer Near Me (855)-285-3425
What Types of Damages Are Recoverable?
The civil court is responsible for declaring the amount you can receive as compensation for a wrongful death claim. Allow our lawyers to assess the value of your case. We always fight for the maximum possible compensation.
You can recover damages for the following types of losses:
- All the expenses that the deceased’s family, spouse, or children had to bear, such as medical bills and funeral expenses.
- Loss of earning capacity
- Pain and suffering of the deceased before death
- The deceased losing the ability to enjoy life
In the case of a fatal traffic accident, if the driver intentionally broke traffic laws or “recklessly disregarded” them, and this was a “substantial factor” in the death, then you can claim for double or triple damages.
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How Is Negligence Proved in a Wrongful Death Case?
Your lawyer needs to establish the following aspects to prove negligence:
- Duty of Care – The responsible party owed a duty of care to the deceased. Doctors are responsible for providing a certain standard of care, while all drivers must obey traffic laws.
- Breach – This step proves how the defendant breached this duty. Essentially, a reasonable person in the same position wouldn’t act like that.
- Causation – This means proving the defendant’s negligence caused the victim’s death.
- Damages – Damages are assumed in a wrongful death case once the other elements are proved because the deceased passed away.
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How do You Start a Wrongful Death Claim in Fairfield?
We suggest that you let us handle the case after we discuss it with you. At Injured CT, we have years of experience handling wrongful death cases. Your Fairfield wrongful death lawyer will know when and where to submit your case’s paperwork.
You will only increase the duration of the case if you decide to file everything alone. Most importantly, you may not know the right process to file the case in Fairfield.
You need to collect the necessary forms, fill them out, and provide proofs to start the proceedings. If you are not sure what to do and where to go, let one of our lawyers do the legwork.
It saves you from going through tons of legal procedures, especially when you are grieving the death of your loved one. One of the lawyers will start the proceedings as soon as you hire us.
We believe that the sooner you file a wrongful death case, the more chances you have of getting higher compensation. Therefore, don’t hesitate to get in touch with a professional who can assure you of winning the case.
What Is the Deadline to File a Wrongful Death Claim in Connecticut?
The Connecticut Wrongful Death statute has two different time limits. The first is a “statute of limitations” which starts to “run” at the moment of death. This is two years from the date of the death.
The second time limitation is referred to as a five-year “statute of repose.” This means that you can file a wrongful death case after two years in some cases, but a wrongful death claim can’t be filed more than five years after the death.
Contact a Fairfield Wrongful Death Lawyer Today
At Injured CT, our personal injury attorneys have handled over 100 wrongful death cases, including deaths caused by car and motorcycle accidents, industrial accidents, defective products, and fires and explosions.
These cases are complex, and nearly always require the effective use of experts from any number of possible disciplines.
If you believe your loved one died as a result of a person or company’s negligence or intentional wrongdoing, contact us today for a free consultation. Call or fill out our contact form to get started.