The loss of a loved one can turn your life upside down. It’s a heartbreaking experience that can become even more painful when the loss is unexpected and could have been avoided. If your loved one was killed because of the negligence or willful actions of another party, you may have options for pursuing compensation with the help of a Middletown personal injury lawyer.
Although money is unlikely to be your primary concern after the death of a loved one, recovering damages can be essential. The loss of a loved one can have a significant financial impact, especially if they were the primary earner in your household. Learn more about your options by contacting Injured CT today and scheduling your free case review.
Who Is Eligible to File a Wrongful Death Claim?
In many states, a variety of family members may qualify to file a wrongful death claim after the loss of a loved one. However, in Connecticut, the only person eligible to file is the executor of the estate. The executor will either be named in the will of the deceased or appointed by a probate court. Usually, the executor is a spouse, adult child, or another close family member.
When filing a wrongful death claim in Connecticut, the only damages that can be claimed are those suffered by the wrongful death victim. You can not recover compensation for losses suffered by the surviving family members. The one exception to this is loss of consortium damages, which can be recovered by the spouse of the deceased in a separate claim.
When the executor files a wrongful death claim, some of the damages they will be able to pursue include:
- Loss of future earnings of the deceased
- Medical expenses incurred prior to death
- The pain and suffering the deceased endured leading up to their death
- Funeral and burial costs
All recovered compensation is paid to the estate and then distributed according to the will of the deceased.
For a free legal consultation with a wrongful death lawyer serving Middletown, call (855)-285-3425
How a Middletown Wrongful Death Lawyer Can Help After the Loss of a Loved One
A wrongful death lawyer can help you through every step of recovering damages after a wrongful death. They will completely take over the process leaving you to focus on your family and the other matters regarding your loved one’s estate.
One of the first things you can expect your lawyer to do will be to investigate the incident that caused your loved one’s death. Steps in this investigation will likely include:
- Going to the site where the incident occurred to take pictures and note any relevant details
- Review the medical records of the deceased
- Secure a copy of any reports about the death
- Consult experts
- Talk to eyewitnesses
After that, your lawyer will evaluate the losses suffered and determine the damages you qualify to claim. They will then calculate the value of the wrongful death claim. The next step will be to either file an insurance claim or a wrongful death lawsuit against the at-fault party.
Whichever path you choose to pursue, your lawyer will proceed to complete all of the necessary steps in the process. However, it is unlikely that they will complete either process as they will also be working to negotiate a favorable settlement deal with the opposing party.
Middletown Wrongful Death Lawyer Near Me (855)-285-3425
The Deadline for Filing a Wrongful Death Claim in Middletown
If you are the executor of your loved one’s estate, it’s essential that you know how much time you have to file a wrongful death claim. In Connecticut, the statute of limitations sets the deadline for filing a wrongful death lawsuit at two years. If you miss this deadline, it will likely result in the loss of your right to claim compensation.
However, there are certain exceptions to the statute of limitations that could permit you to file a lawsuit long after the standard two-year deadline has passed. Alternatively, you could discover that the details of your case set further limits on the amount of time you have to pursue a lawsuit.
The best way of ensuring that you protect your right to recover compensation is by hiring an experienced Middletown wrongful death attorney shortly after the loss of your loved one. Your lawyer will be able to identify if any exceptions apply to your case and ensure that you aren’t caught off guard by an unexpected deadline.
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The Reason Most Wrongful Death Lawsuits Settle Out of Court
When pursuing damages through a wrongful death lawsuit, you need to realize that your case is unlikely to ever go to trial. Instead, the majority of wrongful death cases are settled out of court. The reason for this is that a settlement is typically going to be in the best interest of all parties involved.
A settlement allows both parties to avoid the unpredictable nature of a jury trial. Additionally, the plaintiff will be able to recover compensation far quicker than they would if the case went to court. Meanwhile, the defendant will save money on court fees and avoid unwanted media exposure that would likely accompany a trial.
While your case is likely to conclude with a settlement, you still need to prepare yourself as though you were going to court. It is always possible that the at-fault party will refuse to agree to a fair settlement deal, forcing a trial to decide matters. An experienced wrongful death lawyer can make all the difference in a courtroom battle.
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Reach Out to a Wrongful Death Lawyer in Middletown Today
When filing a wrongful death claim after the death of a loved one, you need an experienced attorney by your side. At Injured CT, our wrongful death lawyers in Middletown have a long history of securing large payouts in these types of cases.
We offer free, no-obligation consultations, so don’t hesitate to contact us today by phone or through our website. A member of our legal team will review the details of your case, answer your questions, and advise you of your options.