Grieving the loss of a loved one is difficult, regardless of the circumstances. However, the grieving process can be extremely painful when someone else’s negligent actions that could have been prevented caused your loved one’s death. Although no amount of legal justice can bring your loved one back, you may be able to help recover damages and expenses related to your loved one’s death by filing a wrongful death lawsuit. Moore, O’Brien & Foti can help you determine eligibility and file your case on behalf of your loved one’s estate. Learn more about filing wrongful death lawsuits in Connecticut here.
Wrongful Death Laws in Connecticut
Section 52-555 of Chapter 925 of the Connecticut General Statutes dictates how wrongful death claims are handled. The law specifies that wrongful death occurs when someone or an entity’s negligence actions cause the death of another person. Common wrongful death negligent actions include medical malpractice and car accidents. The law determines who can file the claim, the statute of limitations, and what damages the estate can qualify for. If proven, your loved one’s estate can receive damages for medical expenses, nursing and hospital services, pre-death pain and suffering, and funeral/burial expenses.
When Can You File a Wrongful Death Claim?
You can file for a wrongful death claim if your loved one died due to the negligent actions of someone or an entity (like a business). One way to determine whether your claim would qualify as a wrongful death claim is to determine if your loved one would’ve been eligible to file a personal injury claim if they had survived. If so, you’ll probably be eligible to file a wrongful death claim. To prove a wrongful death case, you must show that your loved one died because another party had the duty to care for them but breached that duty. You also need to show that the actions of this negligence directly caused the fatality.
Who Can File a Wrongful Death Lawsuit?
In Connecticut, the estate’s executor or administrator (who executes the decedent’s will and oversees probate proceedings) can file a wrongful death lawsuit. If an executor wasn’t named in the decedent’s will or the decedent passed away without a will, the Probate Court will appoint an estate administrator.
Statute of Limitations
Executors wishing to file a wrongful death lawsuit on the estate’s behalf most likely only have two years from the date of death to file. It’s important to note that determining the statute of limitations in wrongful death cases can be very complex, especially in medical malpractice cases. It is critical that if you believe you have a claim, that you contact an attorney as soon as possible.
How to File a Wrongful Death Lawsuit
Wrongful death claims are usually filed through the at-fault party’s insurance company. If a family member dies in a car accident, the claim may be filed with the liable party’s auto insurance. If the death resulted from medical malpractice, the claim may be filed with the doctor’s and medical facilities malpractice insurance. Moore, O’Brien & Foti will gather evidence, create a list of damages incurred, and place a desired award amount in a demand package. This package will include a settlement amount you are seeking for your losses. In the demand letter, you and your attorney will describe how the negligent actions directly resulted in the death of your loved one. You’ll also need to list the types of damages, and the amounts sought.
The next step is to wait for a response from the at-fault party. Typically, cases enter negotiation after this. If the at-fault party does not offer a fair amount Moore, O’Brien & Foti will commence a lawsuit.
Once the case is settled or after the verdict, the funds will go into the estate. The executor or administrator then distributes the funds pursuant to the legal requirements. Beneficiaries can include the decedent and the surviving spouse and children.
Moore, O’Brien & Foti: Connecticut Wrongful Death Attorneys
Our team at Moore, O’Brien & Foti has recovered hundreds of millions for our clients in wrongful death cases. View the results of our cases here. We have worked on a variety of wrongful death cases including but not limited to car accidents, amusement park ride malfunctions, medical malpractice, product liability, aviation disasters, construction cases and premises liability. Wrongful death claims are serious and complex. It’s essential to have an experienced team on your side to navigate the process. Contact our wrongful death attorneys at (203) 586-0022 for a consultation.