How to file a wrongful death claim in CT
Brandon J. Broderick, Personal Injury Attorney at Law
It's difficult to lose a loved one suddenly. Experiencing a loss is always difficult, but when it occurs as a result of someone else's recklessness or negligence, your pain is amplified by the knowledge that it was entirely avoidable.
In cases when another person's negligence directly led to the death of a loved one, the surviving family members may have the right to file a?wrongful death suit?to seek justice for their loss.
Yet, not everyone knows their rights or believes they are the type of person that files lawsuits. In the event of the death of a loved one, no amount of money can ever make up for the family's loss. However, a wrongful death lawsuit in Connecticut can help cover the costs of dealing with the tragedy. Wrapping up a person's estate and/or planning a service or funeral comes with hefty expenses. These are just a few of the costs that compensation can help cover.
In?wrongful death cases, the surviving family members are advised to seek legal counsel
In the following blog post, we will give you an overview about filing a wrongful death lawsuit
Wrongful Death Lawsuits in CT: How Do They Work?
To win a wrongful death suit, the plaintiff(s)?must prove?that the defendant's wrongdoing or negligence directly resulted in the death of the plaintiff's loved one.
There is a two-year time limit on filing a wrongful death claim in Connecticut. After a person dies, the clock starts ticking on the statute of limitations
Bringing a wrongful death suit may be the last thing on your mind while grieving the loss of a loved one. Aside from that, there are some cases when the statute of limitations doesn't apply. But, if you hire an experienced personal injury attorney
Just be aware that when a wrongful death lawsuit is filed, it can take time to complete. The length of a lawsuit for a wrongful death can be affected by:
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It's not uncommon for the party accused of being negligent in one's death?to want to find a way out of legal responsibility for the incident, even if they know they are at fault. In some cases, their defense in a wrongful death claim is that the deceased person contributed to their own death or that it was caused in whole or in part by another party.
Many instances of wrongful death necessitate litigation, even when one party admits blame. Legal action may be needed to determine who was at fault for your family member's death and in what percentage the other party is at fault. The length of time it takes to conclude a wrongful death claim may increase if the matter goes to court.
Who is Allowed To File a Wrongful Death Claim?
Wrongful death lawsuits are unique in that the injured party cannot sue the at-fault party for?damages. Instead, a third party must step in and initiate legal action on behalf of the deceased person's estate and heirs.
In some places, the deceased's family can file a wrongful death suit. However, according to?Connecticut General Statute § 52-555, only the executor or administrator of the deceased's estate may pursue a wrongful death claim in Connecticut.
If the deceased person did not leave a will or other estate planning documents, or if the nominated executor or administrator is unable to fulfill their responsibilities, the court may appoint a successor. This person is responsible for closing out the estate's business and filing any claims for wrongful death.
What Damages Can Be Recovered?