A wrongful death is an unnatural or untimely passing caused by the negligence or intentional act of another person. The death could be caused by a motor vehicle collision, medical negligence, a defective product, or any other reckless behavior that could result in a fatal accident. These actions constitute a wrongful death because an individual acted in a way that violated civil laws and resulted in the death of another person.
If your loved one died because of the negligent actions of another person, you may be entitled to take legal action. An experienced attorney could explain what to know about Glastonbury wrongful death cases if your loved one recently passed in a fatal accident.
What Are the Differences Between a Wrongful Death Claim and Another Civil Case?
In Glastonbury, an individual filing a wrongful death claim should know the difference between this legal action and any other civil case. Firstly, the damages available in a wrongful death claim may differ greatly. For example, in these claims, funeral expenses and the death itself are compensable as harms and losses suffered. This is not true in other cases. Another distinction is that the estate of the deceased brings a wrongful death case. A court may appoint an individual to be the administrator or executor of an estate, depending on whether or not there was a will.
One significant difference is that evidence may more difficult to collect because they cannot obtain information from the subject of the claim. Instead, a lawyer must piece together evidence by speaking with experts and collecting information from other external sources, such as black box data on a vehicle or cell phone records, if this information is relevant.
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Causes of a Wrongful Death Claim
An individual may die of natural causes such as a heart attack, cancer, or diseases. However, these may not result in a viable claim because no person or entity caused the death. For instance, if someone runs a red and causes an accident that kills another person, this individual may be liable. Some of the leading causes of wrongful death actions in Glastonbury may include:
- Motor vehicle accidents
- Motorcycle wrecks
- Pedestrian accidents
- Medical negligence
- Faulty products
- Hazardous conditions on a property
Statute of Limitations
The statute of limitations for these claims depends on the circumstances of the death. For instance, for motor vehicle collisions the statutory deadline is two years from the date of the death. However, the statute of limitations for cases based on medical malpractice is three years.
When a municipality is involved in a wrongful death action, the lawyer representing the deceased and their family may be required to give notice to a municipality within 90 days or six months, depending on how the death occurred. If the party does not give notice, they cannot bring a claim within the statutory period.
Appointing the Administrator of an Estate
In Glastonbury, the appointment of an administrator or executor to bring in an estate may be determined through the probate. Rules are in place to determine who should be in charge of the estate. Usually, this individual is the next of kin such as a spouse or a child.
Then, a hearing takes place, and all of the parties involved have an opportunity to give their opinion as to whether the selected individual is suitable. It is important to note that the court has the final decision. Either the court appoints the person who is presumed to be in charge of the estate, or they can choose somebody else. The court could appoint a third party such as a local attorney if they feel it is in the best interest of the estate.
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Settling a Case
Legal representatives usually file wrongful death cases d in the Hartford Judicial District, Hartford Superior Court, or Hartford Civil Court. The probate court approves any settlements.
When settling a Glastonbury wrongful death case, a claimant should be aware that many factors are taken into consideration. These may include any expenses related to the death, insurance available, the amount of assets that can be recovered, and risks involved in bringing a case.
Occasionally, going to court may be the only way in which to settle a case. Sometimes, the insurance company does not offer fair compensation. In other cases, prior to filing suit, a company may offer one number, and when the plaintiff proceeds with a lawsuit in litigation, they offer a larger amount. In some situations, it may be necessary to push through the litigation process to trial.
A Glastonbury Attorney Could Explain What to Know About Wrongful Death Cases
After losing a family member in a fatal accident, the aftermath can be devastating and overwhelming. A compassionate and caring attorney could help you through this difficult time by guiding you through this process and explaining what to know about Glastonbury wrongful death cases. To obtain legal support, call today.