We hear about cases and claims of wrongful death every day. In any wrongful death case, it is crucial that you have representation from an experienced Torrington wrongful death lawyer. Wrongful death is assumed to be avoidable if the responsible party would have taken more action. It, therefore, results from the person in charge’s negligence, omission, default, and even wrongful acts and willfulness in some cases.
Some of the most popular examples of wrongful death claims include deaths that result from car and semi-truck accidents, medical malpractices, defective products, workplace accidents, pedestrian and aviation accidents among others.
The next time we hear of death resulting as a result of another person’s fault or negligence, then we all know that it is legally termed as wrongful death and the family has a right to make claims and get compensation.
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How Is Wrongful Death Defined in the State of Connecticut?
The Connecticut Code section 52-555 identifies a wrongful death claim as the one filed against a company or individual whose recklessness, negligence, or intentional act result in the death of another person. The death can be a result of medical malpractice, auto accidents, using defective products, accidents at work, criminal actions among others.
As the residents of Connecticut, the law gives a time limit of two years after the death of the decedent for the responsible persons to file the wrongful claim. In some exceptions, it is allowed to file the claim past the two-year deadline even though Connecticut does not allow the filing of these claims five years after the death of the decedent.
Filing a wrongful death claim after the loss of a loved one is frustrating for most of us. Several Torrington wrongful death lawyer companies such as Injured CT however advise anyone going through such challenges to file the claims immediately. In case it is impossible, we can always hire them to do everything on our behalf. The latter is the best option as it provides a perfect chance for us to mourn peacefully while the process of filing the claim goes on professionally.
Anyone looking for a Torrington wrongful death attorney to help them file claims on behalf of a loved one(s) should consider Injured CT. This law firm is highly experienced in dealing with
Connecticut insurance companies, Connecticut wrongful death laws and have won millions of dollars on behalf of their clients.
For a free legal consultation with a wrongful death lawyer serving Torrington, call (855)-285-3425
Who Is Qualified to File a Wrongful Death Claim in Connecticut?
In cases of wrongful death, the accident victim passes on in the process. They are therefore not present to file their claim and ask for compensation for the effects of the accident. Another party is required to step in and file the claim on behalf of the deceased person’s estate and survivors.
Laws regarding wrongful death claims in Connecticut require these claims to be only filed by the administrator or executor of the deceased person’s estate. In cases where the deceased passed on without creating their estate plan, including a will, which states an executor or administrator, then the court is free to appoint one.
The case also applies to instances where the state executor or administrator is unable to serve. The individual named by the court or estate plan is responsible for not only filing the wrongful death claim but also clearing up any businesses on behalf of the claim.
Being a civil lawsuit, a wrongful death claim must be directly filed by the stated administrator or executor and not anyone else. They cannot delegate the responsibility to another person considering that the liability, in this case, is solely expressed in terms of financial damages incurred by the defendant.
This is one of the most significant ways in which wrongful death claims differ from criminal cases as stated by the federal prosecutor or state especially where the culpability brings about punishments such as probation, jail, and prison time among other forms of penalty.
Connecticut also allows responsible persons to file wrongful death claims even in cases where a criminal case has previously been file-based on similar facts and claims.
Torrington Wrongful Death Lawyer Near Me (855)-285-3425
What Types of Damages Are Recoverable?
The Connecticut wrongful death claims damages are payable to the estate of the deceased person. This is only functional when the wrongful death claims are successful in the court which is where the defendant is strongly advised to hire a lawyer to help them file the claims and represent them in court.
Most people who work without a Torrington wrongful death lawyer in these cases do not get fair compensation and we do not want you to go through the same especially after losing a loved one. The amount that the executor or administrator receives from the claim is determined by the judge or jury while the damages paid may include several losses as categorized below:
- Medical bills and treatment: These include any bills and expenses related to the deceased person’s final medical journey and injuries. It may be the hospital bills, nursing costs, purchase of their medication among others.
- Funeral and burial costs: Anyone we file wrongful death claims, the law regarding the same in Connecticut requires the defendant to include all the expenses incurred during the funeral and burial of the decedent. We have a right to get compensation for the same and seasoned personal injury attorneys such as Injured CT are out to ensure that we get fair returns in the end.
- Damages for lost earning capacity: When someone loses their life as a result of another person’s fault, they lose their earning capacity as well. Their loved ones have a right to recover these damages especially the descendants and if the deceased was the breadwinner.
Damages for conscious suffering and pain: Most people that get involved in severe accidents go through so much pain and suffering before succumbing to their injuries. Anyone that files wrongful death claims on their in Connecticut has a right to recover these damages as they go through so much emotional pain seeing their loved ones suffering during their last moments of life.
Damages for loss of capacity to enjoy life and have fun together: When we lose a loved one to wrongful death, we can no longer see them, talk to them or enjoy life activities together. Not all damages are linked to the loss of income.
The Connecticut Supreme Court in the Floyd V. Fruit Industs. Inc., 114 Conn. (659 (1957) for instance stated that some damages can be recovered via death itself although instantaneous without regard to income or earning capacity.
Section 14-295 (Connecticut General Statutes) awards double and even triple damages in some cases where the wrongful death driver is proven to deliberately violate the traffic laws which ends up being a substantial cause of the victim’s death.
To seek the double or triple damages in the event of a car accident, the individual filing the claim (wrongful death) must specifically plead the driver’s deliberate and reckless disregard of the traffic rules thereby causing death via their actions.
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Can Survive Family File for Punitive Damages?
As stated above, Connecticut does not allow the family to file for the wrongful death of their loved ones. It is only the executor or administrator of the deceased’s estate that is legible to do and recover several compensations on behalf of the family. Punitive damages are among the damages that these executors and administrators can recover in addition to those stated above.
Punitive damages are only applicable in cases where the defendant is found guilty of intentionally or deliberately causing the death of the decedent.
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How Is Negligence Proved in a Wrongful Death Case in Connecticut?
The damages are only payable when the court proves that wrongful death was a result of the negligence of the defendant. Proving this negligence is challenging but the following ways are useful:
- Duty: The plaintiff must prove to the court that the defendant owed the deceased duty of care before and during the accident. This is most applicable in cases such as hospitals when one is receiving medical care.
- Breach: The plaintiff can also demonstrate and prove violation or breach by the defendant’s side during their line of duty. The next step is to prove the damage and causation which in the end led to the death of the deceased.
Contact a Torrington Wrongful Death Lawyer at Injured CT
Filing a wrongful death claim when mourning a loved in hard but it must be done. On the other hand, we all deserve a chance to mourn peacefully and accept the new reality which Connecticut state supports fully by identifying someone to file the claim in the absence of the deceased’s estate plan. If anyone losses a loved one to wrongful death cases, we should not stress running all over trying to file a claim.
Finding a seasoned and competent wrongful death law firm such as Injured CT (especially in Torrington, CT) offers us an ideal opportunity to mourn a loved one as desired while the experts handle everything else on your behalf.
These attorneys are equipped with the skill, knowledge, and experience to help you get fair compensation on behalf of your loved one. Contact us for more info and any inquiries.