The passing of a loved one due to the negligence of another is an unimaginable tragedy. When you are ready to discuss your wrongful death case, one of our Stratford wrongful death attorneys at Connolly Brennan Ralabate, PC will consult with you for free, and determine how we can pursue full compensation on you and your families’ behalf.
Although we cannot make up for this type of loss, we can offer the legal support and guidance your family needs at this time. Call (203) 493-0093 to get in touch with our Stratford office today.
Under Connecticut Code Section 52-555, a wrongful death claim is an action, “for injuries resulting in death,” allowing for damages to be recovered from the “party legally at fault for such injuries.”
A simple way to determine if the family of a deceased loved one has the grounds for a wrongful death claim is to establish if the deceased individual could have filed a personal injury lawsuit had they survived. If the at-fault party’s actions were negligent, reckless, or intentional, then your loved one would have been able to pursue a lawsuit.
In Connecticut, a wrongful death lawsuit can only be filed by the personal representative of the deceased’s estate. That would be an individual who is designated as an executor or administrator in the decedent’s will or estate plan unless someone is not named or there is no will or estate plan at all. Then an executor will be appointed by the court.
The decedent’s spouse, children, financial dependents, and other surviving family members may receive benefits from the claim.
The burden of proof rests with the plaintiff in a wrongful death claim in Connecticut. If you are the person filing the claim, this means it is up to you or your attorney to prove the defendant is at fault for your loved one’s fatal injury. Fault in a wrongful death claim generally comes down to negligence, which consists of four elements. In order to claim compensation in a wrongful death lawsuit, you must prove:
If your attorney can prove these four elements as more likely to be true than not true using clear and convincing evidence, your family could recover compensation for wrongful death. A Stratford wrongful death lawyer will help you gather the necessary evidence to use as grounds for filing the claim, and as proof of liability.
Generally, the damages available in a wrongful death lawsuit are those incurred by the survivors, which can include:
Many common types of accidents in Connecticut can lead to fatal injuries and wrongful death claims. There are many examples of human error and negligence that can lead to catastrophic accidents on the road, at work and even right at home.
At Connolly Brennan Ralabate, PC, our attorneys have experience representing individuals and families in many different types of accident claims. We know how to handle cases involving all of the most common causes of wrongful death, including:
Many fatal accidents are not actually accidents at all; they are preventable incidents that could have been avoided with due care and diligence. If your loved one lost his or her life in any of these tragic ways in Stratford, your family may be eligible for financial compensation for wrongful death. These are all examples of preventable accidents that can stem from careless, reckless or criminal behaviors.
It is important to act quickly if you believe you have grounds to file a wrongful death lawsuit in Stratford. All civil lawsuits in Connecticut must be filed by their statutes of limitations, or else the plaintiff will give up the right to recover. A statute of limitations is a legal deadline on the ability to bring a cause of action. Every state has unique statutes of limitations, and they vary according to the type of case. In Connecticut, you must bring a wrongful death lawsuit within two years of the date of death.
Once you file your claim, it will initiate a set of procedures:
If your wrongful death case goes to trial but has an unfavorable outcome, your attorney may be able to file an appeal on your behalf. The vast majority of wrongful death claims in Connecticut, however, never see the inside of a courtroom. Instead, they are resolved at the insurance stage with successful settlement agreements.
Following the loss of a loved one, it is best to act quickly. In Connecticut, you generally have two years from the date of the death to bring a wrongful death claim against a negligent party. We offer free consultations at our law firm in Stratford and online. Reach us at (203) 493-0093, or by filling out our online case evaluation form.