Wrongful death occurs if somebody loses their life due to another entity’s misconduct or negligence. Though there might be a criminal prosecution related to the fatality, the lawsuit for wrongful death is distinct and separate from other kinds of criminal charges. If you need help filing a lawsuit for wrongful death, contact New London Wrongful Death Lawyer at Injured CT.
In law, negligence is one of the most challenging elements to prove and linking it to death is even more complicated. As such, you must have the best legal assistance by your side as you pursue justice for your relative’s or loved one’s death. A New London personal injury lawyer is the best kind of assistance you can ever get for these cases. With their legal field experience, the lawyer ensures that you are not left in the dark over a loved one’s death.
A New London wrongful death lawyer analyses your case from all angles and ensures that it is workable. With a lot of research, they can piece together the evidence and facts from the death. They will then associate this with misconduct or the defendant’s negligence and, in this way, get justice for your relative’s or loved one’s death.
How Is Wrongful Death Defined in the State of Connecticut?
Section 52-555 of the Connecticut Code states that wrongful death is a claim for an injury that ultimately resulted in death. It is, in a way, similar to a personal injury claim. The claim is usually filed against a company or individual whose negligent, reckless or intentional behavior led to another’s death. Since the victim is no longer alive to claim independently, another party needs to present the case in court.
Who Is Qualified to File a Wrongful Death Claim in Connecticut?
The administrator of the deceased person’s estate is required to file the wrongful death claim. Liability for these claims is usually expressed purely through the money damages that the defendant owes. The claim is different from a criminal case, and damages are typically paid to the deceased person’s estate once the case has succeeded.
What Types of Damages are Recoverable?
Recovering from the unexpected expenses of losing a loved one due to recklessness and negligence is possible. With a good lawyer and legal representation, you can quickly recover the damages you incurred following the death. The damages can be paid for these reasons:
- Medical and hospital expenses related to the final injury or illness of the deceased person.
- Burial and funeral expenses
- Damages for a lost earning capacity
- Damages for pain and suffering which was endured before the deceased died
Can the Surviving Family File For Punitive Damages?
Based on the circumstances surrounding the deceased’s death, the court may award punitive damages to the surviving family members. These damages are awarded when the defendant was reckless and had terrible conduct, which led to the victim’s death. Punitive damages are intended to punish the defendant as well as deterring similar behavior in the future.
If the case was a very gruesome one, punitive damages would be awarded to the surviving family members. The conduct of the defendant is the primary determiner of whether or not they will incur punitive damages. For instance, a very reckless individual is more likely to incur punitive damages following a wrongful death claim.
How Is Negligence Proved in a Wrongful Death Case?
Negligence is defined as the failure to behave with the same level of care someone would have exercised under similar circumstances. It is a mistake that the defendant makes. Four elements of negligence need to be met for your wrongful death claim to be successful.
- Duty: the attorney must prove that the individual on trial owed your loved one a certain level of care. Duty of care is the duty to act in a way that keeps others safe and abstaining from behaving in a manner that has the potential to cause harm to your loved one. What a reasonable individual would do under the same conditions is what determines duty. For instance, in case overspeeding was the reason for the death, the duty of care will be linked to the death. Speed limits exist for a reason, and all drivers have to observe the speed limit to keep others safe and prevent accidents.
- Breach of Duty: For someone to be proved negligent, an attorney must prove that they breached the duty. The lawyer must prove that the defendant owed a duty for caring for others but threw caution to the wind in the situation in question. Proving duty and its breach are the first vital elements of negligence and useful in wrongful death cases.
- Causation: Breach of duty is not enough to prove an individual as being negligent. The attorney must be able to prove that it was the defendant’s fault that the victim died. There are two types of causation when proving negligence; cause in fact and proximate cause. Cause implies that the defendant was the reason for your loved one’s death. In contrast, proximate death refers to the defendant’s level of responsibility in the situation that led to their death. If the defendant’s actions led to death, they would be found as having been the proximate cause of death. If the individual at fault would not have been speeding in our speeding example, then your loved one would not have died. If speeding was foreseen as a cause of harm, the defendant will also be the proximate cause of death.
- Damages: For an individual to be found negligent, the attorney should prove that the victim was damaged by the party’s actions that are at fault. It is a simple element to prove in a wrongful death case and usually contributes to the lawsuit’s success.
With all the four elements of negligence met, the defendant responsible for the death will be ultimately found liable for the death. Duty, breach, causation and damage are elements that need to be met for the defendant to be proven as negligent in a situation where they would have acted better.
How do You Start a New London Wrongful Death Claim in Connecticut?
You can file the wrongful death action suit up to three years after the death of a loved one. It is also vital that you get in touch with a wrongful death attorney following the death. You will have to act through an executor or personal representative of the decedent’s estate. Under Connecticut law, the lawsuit for wrongful death cannot be presented by the surviving family members.
It is vital to have an independent third party presenting the family’s case in court. The representative ensures that the case is presented fairly and the defendant is given enough room to make their case.
By getting an executor of the decedent’s estate to present your case in court, you will have started quite well. An attorney can also prove very useful for this kind of situation where the law limits the family. Getting in touch with a lawyer is vital as it ensures that you have all the facts prepared and ready to present in court.
With their understanding of the law, the lawyer will provide advice based on what they have experienced.
The lawyer will ensure that the case gets heard and the complicated process of proving negligence is started and backed up with hard facts and evidence from the events that led up to the deceased’s death.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
A wrongful death claim is a civil claim filed by the surviving members of the deceased person’s family. It is intended to seek punitive damages and compensation for the value of their loved one’s life. In contrast, an estate claim is presented in court by the victim’s estate seeking compensation for the financial costs associated with the death of a victim.
For instance, burial and funeral expenses can be considered an estate claim, while a compensation claim is regarded as a wrongful death claim.
Wrongful death claims are some of the most complicated law cases. Proving the defendant’s negligence is one of the most challenging undertakings in the proceedings of the case and an important determiner of the claim’s success. By getting the services of a New London wrongful death lawyer, you will prove negligence and obtain the wrongful death settlement in full.
The experience of these lawyers enables them to help get your case through to completion. They will negotiate all the hurdles, challenges, and complications resulting from a family getting justice for their loved one’s death.
Call a New London Wrongful Death Lawyer Today!
Getting the New London wrongful death lawyer services will also ensure that none of the facts are left out of the case. For instance, a road accident caused by a speeding driver requires a lot of evidence to back up the arguments. An experienced lawyer will gather all the necessary evidence and present a case that will stand up in court.
Anytime you are looking to file a wrongful death lawsuit for your loved ones, ensure that you get the best available legal assistance. New London personal injury lawyers at Injured CT are here to help you get the legal services you require in your wrongful death claim.