It is unfortunate to lose a loved one over someone else’s recklessness, negligence, or intentional behaviors. Moving past this is never easy because it is traumatic for both adults and children. If you go through something similar, you can reach out to an experienced Middletown wrongful death lawyer for justice to be served. At Aeton Law, we are the best candidates for the job and are here for you if you need our help.
We are well-versed with this part of the law and have the expertise your claim needs. Our personal injury lawyers will do all in our power to ensure the rights of your loved one are protected. If you encountered any losses whatsoever regarding their death, we would ensure that you get compensation for any damages caused. If you have a question regarding wrongful death claims or want us to take on your case, feel free to contact us at 860-785-2099.
- 1 How Is Wrongful Death Defined In The State Of Connecticut?
- 2 Who Is Qualified To File A Wrongful Claim In Connecticut?
- 3 What Types Of Damages Are Recoverable?
- 4 Can You File For Punitive Damages With A Connecticut Wrongful Death Claim?
- 5 How Is Negligence Proved In A Wrongful Death Case?
- 6 How To Start A Wrongful Death Claim In Connecticut
- 7 What Is The Difference Between A Wrongful Death Claim and An Estate Claim?
- 8 Contact A Middletown Wrongful Death Lawyer With Aeton Law
How Is Wrongful Death Defined In The State Of Connecticut?
In case you have not yet wrapped your head around the term wrongful death, you must know that it is a claim for injuries that resulted in death filed against an individual or company that is negligent and reckless or had intentions to cause death. This claim aims to seek damages based on the value of the deceased’s life involving vehicle accidents, complicated medical malpractice incidents, product defects, criminal acts, and work accidents.
If you need to check it up in detail, you may do so by checking the Connecticut Code Section 52-555. Moreover, you may contact and have us break it down to you; this is more advantageous as you will get to make inquiries and get instant responses. Isn’t that great? Also, research on the matter beforehand; it wouldn’t hurt anyway. You will have an idea, no matter how rough, about what to anticipate and how the system works.
Who Is Qualified To File A Wrongful Claim In Connecticut?
Unlike other states, Connecticut does not allow the deceased family to file a wrongful death lawsuit. However, an administrator or executor is the only person in charge of filing these lawsuits and closing out the deceased person’s estate. However, if the dead never had an estate plan or will or never came up with either did not have or name an administrator or executive, the court does the appointing. Besides the immediate surviving family, the estate’s representative will be filing the lawsuit on behalf of the life partners, distant family members, and financial dependents.
The personal representative may be a friend or relative named in the will. You must know that only immediate family members are liable for damages. The rest of the family members can get damages, but only if they prove that they were financially dependent on the deceased person. In contrast, others may receive benefits: this, however, ranges from case to case. Note that spouses are rarely denied damages, like the parents to a minor(s).
What Types Of Damages Are Recoverable?
Damages, once figured out, are awarded to spouses, parents, and children. Many factors are considered before they are awarded to ensure that the losing end parties are not over or under-compensated. The types of damages that can be recovered include economic and non-economic damages.
These are awarded to victims to recover the financial losses linked to the deceased injuries. Typically, they aim to lift off the financial burden that the deceased may have left behind. They may include personal care costs, property damage, loss of income and benefits, funeral cost, and medical expenses. Here, the receipts are essential as they will be proof of payment thus, keep them safe. Economic damages are also referred to as special damages, and although they do not bring the dead person back to life, they come in handy as they are calculated on the fair market price when it took place.
These are intangible damages that seldom have more value than economic damages and are also known as general damages. It is tough to assign value to these damages because they cannot be calculated and are not always consistent but instead vary. They entail pain and suffering or mental anguish, disfigurement, physical impairment, loss of consortium from a deceased spouse, and emotional distress.
Can You File For Punitive Damages With A Connecticut Wrongful Death Claim?
Punitive damages are meant for punishing the party in charge of causing injuries resulting in the plaintiff’s loved one’s death. Some circumstances may make the court award the family members with punitive damages. For instance, if the defendant was undoubtedly engaged in reckless or negligent acts which resulted in the decedent’s death.
As a result, they will deter such behaviors from happening in the future. Note that they work similarly to extensive prison time in civil cases. The jury determines the punitive damages to be awarded. The factors to be considered include the severity of your loved one’s injury, a reasonable amount that would prevent the defendant from acting that way again, the defendant’s cruelty, and how bad the injuries were.
How Is Negligence Proved In A Wrongful Death Case?
When filing a wrongful death claim in Connecticut you must prove the following four elements:
To prove negligence, the defendant ought to have owed the decedent a duty of due care, which varies depending on the case. Due care refers to the act of doing something to ensure the safety of someone by refraining from actions that would harm them. To ensure that the defendant indeed owed the deceased a duty of care, the judge considers many factors like the public policy consequences, the defendant’s moral blame, and how predictable the harm was, not to mention the certainty it happened. For example, the defendant was driving recklessly; the plaintiff will have to argue that the party at fault owed the decedent a duty of care to operate the vehicle responsibly.
The plaintiff is responsible for proving that the defendant breached the duty of care. As a result, they will have to present evidence to back their claims if the defendant was distracted while driving the car. If the evidence is not rich in detail, the chances you will not prove negligence are high.
Similarly to breach of the duty of care, the plaintiff ought to prove that the decedent suffered any damages whatsoever. In the case of a wrongful death claim, the damages will be apparent because there will be a deceased individual, unlike in other cases where the plaintiff may not have suffered severe injuries. Moreover, there have to be damages that can be quantified, including medical expenses and income loss, to mention a few. However, we will ensure that we will prove these strong yet convincing points in a court of law.
There is the need to prove that the defendant, without a doubt, caused the death of your loved one. As much as the issues of causation are complex, they are essential in getting justice; thus, we have to work as a team. For example, if the wrongful death occurred because the defendant was drunk while driving, you have to back this by showing that that was the cause.
How To Start A Wrongful Death Claim In Connecticut
A wrongful death lawsuit comes about because of a negligent act that results in a fatality. The best way to start a wrongful death claim is with us by your side. We are familiar with everything about this part of the law, be it the legal requirements and what have you. Whether or not you have done this before, maneuvering alone will be challenging, and you wouldn’t want to waste time. You may miss the deadline to file the lawsuit, which must be submitted within two years since the decedent passed on. However, if the defendant is a government entity, the statute of limitations tends to be only six months, and some exceptions may exceed two years.
Working with the relevant lawyer will make the process of filing the wrongful death claim better and simplified in Middletown, Connecticut. Also, bearing in mind that the surviving family cannot file a wrongful death lawsuit in Connecticut, they are given an executor or administrator, or a personal representative does it for them by the court of law as is a requirement. You must figure out who to sue or rather the party responsible for the deceased’s death, which also depends on the type of accident and injuries. If anything, you should not underestimate the power of this lawsuit because it shall not bring your loved one back to life but will ensure you get compensated and makes life easier.
What Is The Difference Between A Wrongful Death Claim and An Estate Claim?
Wrongful death claims tend to put the surviving family in the decedent’s position, which makes them demand compensation for the value of their loved ones’ lost lives. In contrast, in estate claims, the deceased person’s estate reimburses the expenses, for example, pre-death medical expenses, burial costs, and pain and suffering incurred by the plaintiff. In wrongful death claims, the statute of limitations must be filed within the first two years after the death of the deceased, while in estate claims, it must be filed within two years from one of the following, whichever is later: the date the injury occurred and six months after the death of your loved one.
The wrongful death claim is filed on behalf of the children, spouse, and parents, whereas the estate claim is filed on behalf of the deceased person by the estate’s representative. The damages recoverable in the wrongful death claim focus on the losses that the deceased’s family suffers, while the estate claim focuses on losses of the deceased. Lastly, in wrongful death claims, the damages are distributed based on the Connecticut intestacy rules. In contrast, the estate claims are allocated depending on the decedent’s terms and conditions as written on their will. You would certainly love to work with a skilled and experienced lawyer who understands these actions and will guide you to the path that will secure maximum compensation.
Contact A Middletown Wrongful Death Lawyer With Aeton Law
If you lost a loved one due to someone’s negligence the earlier you file a claim, the better since timing is critical. Note that wrongful death and estate claims have a similarity: their statute of limitations is two years. Please do not leave the wrongful death claims at the funeral level, you deserve to be compensated for the damages caused, and we are the best people to approach. Do not look any further for certified wrongful death lawyers; we promise not to let you down.
We will work with you through the entire claims process. Contact us at 860-785-2099 if you need our services; be sure that we will be available as our clients are a priority. Also, ensure that you give us all the details as they may prove essential in winning this case. Do not stress yourself about the money required to pay us as we work on contingency terms, which means that we will only get paid when we secure you the compensation. Hence, what is holding you back from reaching out to us? We will make a great team without a reasonable doubt.