Losing someone you love is tough. But when you know that someone else’s negligence led to your loved one’s death, it becomes more difficult to deal with the loss. In terms of the legal remedies for wrongful death, it is recommended you hire a Stamford wrongful death lawyer at Injured CT to handle legal proceedings.
You may never heal from your loss until you find justice for your loved one. Nevertheless, the process of legal pursuit against the person whose negligence led to the death of your loved one is not always a smooth ride.
It is because they are not going to accept that it is their fault that your loved one died, and the process of proving their liability may not be an easy task for you.
But you’re not alone! The experienced and caring Stamford lawyers at Injured CT will facilitate your legal pursuit and ensure that your family gets the justice and full compensation that you duly deserve. While the compensation does not bring your loved one back to life, it will help you get closure, and you will start healing because you will know that the people responsible for the death of your loved one have been brought to justice.
The Stamford wrongful death lawyers at Injured CT have excellent experience in dealing with wrongful death cases. We care, and we will use everything in our power to ensure that your family gets fully compensated. Our offices in Connecticut are always open and ready to serve you.
Call us for a free case review today!
How Is Wrongful Death Defined in the State of Connecticut?
Connecticut law compares a wrongful death claim to a personal injury claim since the circumstances that lead to both claims are the same. In both cases, the circumstances leading to the claim include:
- Recklessness: If someone’s reckless behavior caused another person’s death, they are liable to wrongful death charges.
- Negligence: If someone else’s negligence in performing their duty or in doing something else led to the death of your loved one, then this is wrongful death, and you have the right of taking a legal pursuit against the individual.
Who Is Qualified to File a Wrongful Death Claim in Connecticut?
In Connecticut, a wrongful death claim can only be filed by an executor of the decedent’s estate. Some people may have appointed an executor when they were still alive, which generally means that the executor will be the one responsible for following up on their wrongful death claim. Nevertheless, if someone did not have an executor before they died, the court has the authority of appointing a legal executor to file a wrongful death claim.
The claim in a wrongful death case is usually expressed in monetary form, meaning that the offender will not get punished by a jail term or any other penalties. In a real sense, a criminal case may still be filed against the offender using the same facts that the estate executor will use in the wrongful death claim.
What Types of Damages Are Recoverable?
After a wrongful death case has been successful in Connecticut, the damages recovered get paid to the dead person’s estate. The court determines the recoverable damages based on the facts presented to it. Primarily, the damages recoverable are classified under the following categories:
- Burial expenses
- Bystander emotional anguish for a close family member who
- Compensation for the pain and suffering the deceased person went through before succumbing to their injury/illness.
- Compensation of what the deceased person would have enjoyed if they were still alive.
- Medical expenses that the deceased person had accumulated before they eventually died.
- Compensation for lost earnings, which the deceased would be getting if they were still alive.
According to Connecticut laws, the court might award compensation in double or even triple. For starters, this may arise where the death occurred due to a road accident. Double compensation is issued if clear evidence is presented in court suggesting that the driver committed deliberate mistakes like disregarding traffic laws.
Our skilled Stamford wrongful death lawyers can help you claim double compensation by pleading with the court and presenting sufficient evidence that the offender committed deliberate mistakes.
Can a Surviving Family Member File for Punitive Damages?
While some states allow family members to file for punitive damages on behalf of their deceased, this is impossible in Connecticut. It is only the executor of the deceased’s estate that can file for punitive damages. The executor of the estate files for punitive damages on behalf of the following:
- Immediate Family members of the deceased: These are the spouses, parents, and the deceased’s biological and adopted children.
- Distant family members of the deceased: Distant family members like grandparents, for instance, are also eligible to recover some compensation. However, for these family members to qualify for compensation, they have to have financially dependent on the decedent.
- Financial dependents: The people who are financially dependent on the deceased are also eligible for some compensation.
How Is Negligence Proved in a Wrongful Death Case In Connecticut?
There are several ways in which negligence can get proved in a wrongful death case, which will play a massive role in determining compensation. We have outlined the elements of negligence used below.
- Duty: The defendant neglected their duty or was not careful when performing their duty, and it directly resulted in the death of the deceased.
- Breach: If the defendant violated their duty to the deceased by doing a particular action or not doing a certain action, it clearly shows that they were negligent.
- Damages: The breach of duty of the defendant directly leading to the death of the deceased is damage in itself, and it is proof of negligence
- Causation: The decedent’s death was the direct result of the defendant’s breach of duty.
The “modified” comparative negligence rule comes into play when determining the defendant’s negligence in Connecticut. According to Connecticut’s “modified” comparative negligence rule, for an estate to recover compensation on behalf of the decedent’s family or beneficiaries, then the deceased must not be more than 50% accountable for what happened to them.
Therefore, family members can only obtain compensation for losing a loved one in a wrongful death if the decedent was less than 50% at fault.
How do You Start a Wrongful Death Claim in Connecticut?
It is only the executor of the deceased’s estate that has the power to start a wrongful death claim in Connecticut. The estate’s executor has up to two years from when the decedent died to start a wrongful death claim. In rare situations, the estate’s executor has more than two years but not more than five years to start the claim. A qualified Stamford wrongful death lawyer can help the estate executor to file for the wrongful death claim to make this process a smooth ride.
Here’s how a Stamford wrongful death lawyer can help families wanting to file a wrongful death claim:
- Investigate the case
- Build your claim and establish fault
- Handle negotiations with insurance firms
- Advocate for your family and loved ones
- Prepare for trial and fight for you in court
At Injured CT, we understand how painful the death of a spouse, parent, or child can be. The loss of a loved one can be an overwhelming and heart-wrenching experience. and navigating a wrongful death claim can turn into a convoluted and trying process.
For the help, objective, direction, experience, and knowledge your case requires, bring it to the attention of Injured CT firm’s experienced lawyers.
What Is the Difference Between a Wrongful Death Claim and a Survivor Claim in Connecticut?
A wrongful death claim occurs when someone loses their life as a result of someone else’s negligence. A wrongful death claim aims to give compensation to the decedent’s family for of their losses and harm done to the victim. Wrongful death can occur because of different situations, including:
- Medical Malpractice
- Road Accidents
- Products that are defective
- Avoidable workplace injuries
On the other hand, a survivor claim is brought on behalf of the departed to recover damages for injuries suffered by the deceased. A survivor’s claim does not cover the damages that the surviving family members incurred due to the decedent’s death. In a real sense, a survivor claim is similar to a personal injury claim since it aims to compensate for the harm done to the actual victim.
Nevertheless, since the deceased is no longer in the picture and cannot file a personal injury claim, compensation recovered through a survivor claim will be distributed among the surviving family members.
Contact an Experienced Stamford Car Accident Lawyer at Injured CT
You do not need to deal with a wrongful death claim on your own. A Stamford wrongful death lawyer at Injured CT has a comprehensive understanding of the legal process surrounding wrongful death claims in Connecticut and can help with your case.
Connecticut only allows the family of the decedent a short time to file a wrongful death claim. We have the experience of managing these cases and will get you a favorable outcome to help your family plan for the future in these unfortunate times.
Our wrongful death lawyers work with vigor and compassion to fight for your family and hold the people responsible for the untimely death of your loved one accountable in a civil court. Allow us to focus on your family’s legal needs during these difficult times.
For a free case evaluation with a Stamford wrongful death lawyer, please call today.