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If you find yourself in this very sudden and tragic position, speak to a reputable Milford wrongful death attorney at Connolly Brennan Ralabate, PC. We represent families of deceased loved ones in New Haven County and across Connecticut. We will help you obtain the compensation you deserve, call (203) 493-0093.
The emotional toll of losing a loved one due to another party’s misconduct or negligence is one of the most painful experiences you can go through. What can make matters worse, is the added stress of having to gather necessary documents and prepare a wrongful death case for court.
When the negligence or wrongdoing of another individual or company directly contributes towards an individual’s death, the responsible parties can be legally held liable for their actions. In many cases that includes liability for financial losses. The immediate family members and dependents of the recently deceased individual may be entitled to the following economic damages:
Additionally, the law provides for non-economic compensation, including:
Although the life of your loved one can never be replaced with any amount of money, a successful wrongful death lawsuit can provide your family with the financial security you need to pay off related debts and move forward with some peace of mind. Filing a lawsuit also gives you the chance to hold someone accountable for your loved one’s preventable death, as well as give your loved one a voice in the civil justice system. A successful claim can bring your family justice and closure.
Although no amount of compensation can fill the void left by such a great loss, Connecticut’s wrongful death laws are in place so that a victim’s family can regain financial stability after a sudden accident. A wrongful death attorney in Milford can assist you by:
Hiring a knowledgeable and experienced lawyer will take the burden of a wrongful death claim out of your hands, and is also crucial to ensuring a substantial recovery.
Many different avoidable accidents and incidents in Milford can inflict fatal injuries on victims. Some types of accidents, however, are more commonly associated with wrongful deaths than others. Wrongful death lawsuits commonly arise from the following preventable accidents:
Following a wrongful death, the appointed executor or administrator in the deceased’s will or estate plan typically has two years, as per the Connecticut statute of limitations, to file a claim on behalf of the surviving family.
A victim who has been killed by the negligence or wrongful acts of another party cannot seek compensation or hold someone accountable. Instead, someone else must bring the case to court on behalf of the victim, surviving loved ones and the estate. Although you may grieve the loss of your relative, you can only seek justice by filing a wrongful death claim if you are the executor or administrator of the deceased person’s estate, according to state law.
Connecticut’s law is different from other states in that it does not allow surviving family members to file a wrongful death claim on their own. The only party that can file this type of lawsuit is an executor or administrator of the deceased person’s estate. The deceased person may have had a will naming an executor, or else the courts will appoint one during probate. Usually, the executor is a close relative of the decedent or a legal professional.
The executor or administrator will file a wrongful death claim on behalf of all survivors who are legally entitled to inherit a portion of the deceased individual’s estate. The beneficiaries who may recover include a surviving spouse and minor children. The executor of the estate will be responsible for distributing any money won in the claim according to the wishes of the decedent’s will or Connecticut’s laws of intestate succession.
Before a family can recover financial compensation for wrongful death, the party acting as the plaintiff – or the plaintiff’s attorney – must fulfill the burden of proof. The burden of proof in a wrongful death claim is a preponderance of the evidence. This means clear evidence or proof that convinces a jury that the defendant is more likely to be at fault for the fatal injury than not. This is a lesser burden of proof than beyond a reasonable doubt, which is the standard in a criminal case.
Proving wrongful death generally takes evidence of negligence. In civil law, a person is negligent if he or she is careless, and this injures or kills someone else. Proving negligence in a wrongful death claim requires establishing three main elements:
The family and/or estate must also have suffered compensable losses due to the death, such as medical expenses, mental anguish or lost earnings. Hiring a wrongful death attorney in Stratford can take the burden of proof off of your shoulders, as your lawyer can gather and present evidence on your family’s behalf.
Contact Connolly Brennan Ralabate, PC for a free initial consultation with a member of our law firm. Our decades of experience will ensure a strong wrongful death case is built on your families’ behalf, and in turn, secure a favorable settlement or verdict. Fill out our online contact form or call (203) 493-0093.