Every life has a value and Connecticut’s Wrongful Death Act ensures that the justice system protects the lives of all people. However, when another person’s actions contribute to the death of a loved one, the family or the estate can claim for settlement of the deceased.
As a law firm that has a high level of experience, we do understand that one would think of attaching a monetary value to the life of their loved ones, but tragedies can happen. Ensuring that compensation is given to the surviving family members can lessen the financial burden arising from the loss of income and offer the family money they can use to cater for funeral expenses.
We also know that your loved one can be of undescribed value, and we have wrongful death lawyers who will do their best to honor them as they evaluate and move your case forward. Below are some of the critical aspects that you should know when filing for wrongful death claims in Waterbury, Connecticut.
How Is Wrongful Death Defined in the State of Waterbury, Connecticut?
The Connecticut state defines that a wrongful death occurs when a person’s death is caused by negligence or wrongful act. In particular, a wrongful death claim can arise due to a slip and fall accident, car accident, or other circumstances where the death happened due to another person’s omission or action. Other actions which are described as wrongful include medical malpractice, intentional homicide, defective products, and malpractice in construction sites.
For a free legal consultation with a wrongful death lawyer serving Waterbury, call (855)-285-3425
Who Is Qualified to File a Waterbury Wrongful Death Claim in Connecticut?
Below are the people entitled to file a wrongful death claim
- The surviving spouse: In case the deceased was married before they died, Waterbury Connecticut state laws allow the surviving spouse to file a lawsuit for wrongful death.
- Adult offspring/s: In case the deceased had children, who are recognized as adults under the Constitution they can file for wrongful death. On contrary, if the deceased has minors who might wish to pursue justice on behalf of their parent/s they should be in the custody of an adult or guardian who considers their best interests.
- Parent: In case the deceased was a child and they had parents, their parents or guardians can file for wrongful death claim
- Distant family members: If the deceased was a single adult without surviving spouse or children, their other family members might be allowed to file for a claim.
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What Types of Damages are Recoverable?
Generally, two types of damages are recoverable in Waterbury, Connecticut for the surviving members who are claiming for wrongful death: These damages include:
The economic damages include the value of financial contributions the deceased could have made to the survivors if they continued to survive and they include:
- The value of goods and services the deceased could have offered
- The loss of inheritance
- Loss of benefits including medical coverage and pension plans
- Loss of the expected earnings of the victim
- Funeral and medical bills connected to the death.
Non-economic are intangible compensatory damages. These damages do have more value compared to economic damages and they include:
- Loss of consortium
- Loss of companionship, society, and love
- Loss of nurturing, training, advice, guidance, protection, and care
- Mental anguish, suffering, and pain.
- Can Surviving Family File for Punitive Damages?
Punitive damages are rarely awarded to the surviving family members during wrongful death cases in Waterbury, Connecticut. However, if driving under the influence of drugs or alcohol was involved, the survivors will have higher chances of being awarded punitive damages because DUI is a crime in Waterbury, Connecticut.
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How Is Negligence Proved in a Wrongful Death Case?
When pursuing a wrongful death claim you should prove that another party’s actions contributed to the death of your loved one. In this case, you should prove the following aspects:
Proof of Breach of Duty
Regardless of whether you are working on a project at your workplace or driving, you have the responsibility of ensuring the safety of other people. When it comes to proving a duty of care in wrongful death, you should prove that another person had the duty of protecting your loved one.
For instance, you can prove that the manufacturer has a duty of providing safe products. Further, if the wrongful death occurred due to a road accident, you should prove that the motorist has a duty of driving carefully and he breached that responsibility. Fortunately, our Waterbury Wrongful Death Lawyer can help in proving the breach of duty.
As a plaintiff, you should prove to the jury that because the defendant breached the duty they harmed the victim and lead to their death. When it comes to wrongful death claims, proving causation is one of the most challenging tasks.
Fortunately, our experienced Waterbury wrongful death lawyer is here to help from filing to representing you in court. Among the aspects that our attorney will use to prove the causation include witness information and police reports.
Our Waterbury Wrongful Death Lawyer can help in proving that the death of your loved one surmounted quantifiable damages to you. By proving the damages, our lawyer will help in determining the worth of your claim
You should know that the intricacies that surround the nature of many of the wrongful death lawsuits make it hard to navigate because of the emotional attachment to the immediate family.
Therefore, before you file a wrongful death claim, you should ensure that you are prepared by talking to our experienced attorney at Waterbury, Connecticut, or seeking counseling first.
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How do You Start a Wrongful Death Claim in Waterbury, Connecticut?
If you wish to file a wrongful death claim for your loved one, you might wonder where you can start from. Fortunately, by working together with our Waterbury wrongful death lawyer, you can receive guidance on how you can start your claim. Below are some of the guidelines on where to start when filing for a claim.
Preparing for a lawsuit
Before you file a lawsuit to claim settlement for the death of your loved one, you will need to complete several tasks including:
- Setting up the estate: If an estate decides to file a lawsuit, it should set up a courthouse of the state where the deceased lived.
- Investigation: You should engage with the police and our Waterbury wrongful death lawyer to determine what contributed to the death of the deceased. Other experts might also be involved.
- Identifying and notification of responsible parties: Our Waterbury wrongful death lawyer will help in identifying the parties that are believed to have caused the death and notify them about your intention to file a lawsuit against them. This phase will also encompass the identification of witnesses.
Negotiation and Settlement
In some cases, you might not undertake this step. However, the defendant might wish to settle the claim out of court and when you reach an agreement with our lawyer, you can take it. Since negotiation is a tough process our lawyer can help you.
In particular, through negotiation, our Waterbury, Connecticut wrongful death attorney can help in reducing the chances of you losing a claim, while you receive a fair settlement. In case the lawyer does not reach an agreement with the defendant, you will have a right of filing a lawsuit
Filing a lawsuit
Our lawyer can help in preparing all the required documentation when filing for a lawsuit.
The litigation phase will include several tasks including requests for documentation and interrogations. This phase will also include pre-trial and arbitration. Throughout the litigation phase, our Waterbury wrongful death lawyer can continue with the negotiation process but if the defendant does not make a settlement, the litigation will continue to the trial phase.
In the trial, the jury or judge will issue their verdict where you can be awarded or denied your claimed damages. Fortunately, our lawyer is experienced in building a strong case and you will have higher chances of receiving the compensation that you deserve.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
A wrongful death claim refers to a civil claim which is brought by the surviving family members of the deceased as an endeavor to seek compensation for the damages associated with the death of their loved one.
On contrary, an estate claim refers to a lawsuit brought by the deceased’s estate to seek compensation for the financial losses associated with the wrongful death of the victim of that particular estate.
Call a Waterbury Wrongful Death Lawyer Today!
In case you have lost your love in a potential wrongful death, we at Injured CT wish to let you know that you can contact us to discuss your potential claim. We do understand that there is no pain such as losing a loved one to a willful or negligent criminal act of another party.
We also know that settlement for wrongful death cannot ease your grief but we hope that we can help to ease the financial burden you might undergo as you focus on emotional healing after the loss. Most importantly, we will treat you with the compassion and respect that you deserve and provide you with an honest assessment of how strong your wrongful death case is.
If you are a resident of Waterbury, Connecticut and you wish to discuss your specific case, please do not hesitate to call us.