April 28, 2022 by Frank Bartlett
What is wrongful death and who can make a legal claim?
Connecticut residents who face the shock and loss of a loved one dying in an accident will wonder what the future holds. As they come to grips with what happened, the gravity of the situation will become increasingly real and they need to assess how they will move forward. While it is hard to think about, there will be financial consequences for an unexpected death. Considering filing a wrongful death lawsuit is an option. With wrongful death claims, however, it is essential to be fully aware as to what state law says as to who can file and other key legal factors.
Connecticut has certain requirements with a wrongful death claim
In Connecticut, when there has been an accident with a fatality, an executor or administrator of the estate of the decedent must be appointed by the court to seek compensation from whomever is deemed legally responsible for the death. For example, if a drunk driver crashed into the person’s vehicle and killed them, then that driver can be sued, as can the bar that overserved the driver. They can seek compensation for medical care and funeral expenses, as well as the pre-death pain and suffering and the loss of the ability to enjoy a full life, for the person who passed away. The claim must be made within two years of the person’s death and no later than five years of the act that led to the person’s death. In addition to the claim being made on behalf of the estate, a spouse who has lost a husband or wife can also sue for loss of consortium as part of the case. That can include the loss of moral support, intimate relations, companionship and more that came about because of the person’s untimely death.
Key points about a wrongful death
If another person was guilty of neglect, omission or committed a willful or wrongful act that resulted in another person’s death, then it is categorized as a wrongful death. People are frequently uncertain if they have a wrongful death claim. Since it can be confusing, it is important to have assistance with analyzing the situation and deciding. If the person who died had a will, the person named in the will as the executor of the estate is typically appointed by the Court to pursue a wrongful death claim. If that person refuses to serve as the executor of the estate, or if the person who died did not have a will, anyone who is related to the person who died can request to be appointed by the Court to file the wrongful death claim on behalf of the estate. That includes parents, offspring, spouses and other family members. The case can yield various financial compensation for losses including financial and personal.
Comprehensive, compassionate assistance can help with a wrongful death case
When a family has lost a loved one due to the actions or negligence of another, they will be confronted with a seemingly endless series of concerns as they strive to move forward. From the lost companionship to the medical expenses accrued after the incident and the decline in income, it can be emotionally, personally and financially draining. People need guidance when they have been impacted in this way and professional caring assistance every step of the way can be crucial. From the start, those who have lost a loved one need to know they have protection to fight for their rights. Since Connecticut is unique and specific in how it handles wrongful death cases, it is imperative to be prepared from the outset. That is why Bartlett & Grippe provides comprehensive advice and representation from start to end. Whether there is a settlement, or the case goes to trial – we are here to help every step of the way.
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