Suddenly losing a loved one in an accident can be overwhelming. These feelings of loss can be made worse when the negligent actions of another person caused your family member’s death. A compassionate personal injury attorney could help you take legal action against the at-fault party if your loved one recently died in an accident. More importantly, an East Hartford wrongful death lawyer could help you understand the process, evaluate your claim, and become your legal advocate throughout the life of your case. En Español.
What is a Wrongful Death Claim?
State law defines a death as wrongful if someone caused it due their negligent, reckless, or intentional behavior. Similarly to other civil actions, a wrongful death claim seeks to recover damages from the responsible party. However, these cases are brought by the executor or administrator of the deceased’s estate. The court also may appoint a legal representative if the decedant’s will does not name an individual.
Wrongful Death is Not a Criminal Action
It is important to understand that these claims are unlike a criminal action for murder in two ways. First, a private party brings a civil action rather than the state. Second, a civil action seeks to recover monetary damages for the deceased’s estate rather than criminal punishment. An experienced East Hartford lawyer could assess a claimant’s situation to determine if they have a viable wrongful death case.
Types of Wrongful Death Claims
Wrongful death is an umbrella term that covers many different types of fatal accidents or injuries. They can occur while at work, in the care of medical professionals, at leisure, or in transit. Some examples of these cases may include:
- Workplace incidents
- Property liability
- Dangerous or defective products
- Medical malpractice
- Automobile or truck accidents
In the case of automobile or semi-truck wrecks, plaintiffs may be able to pursue additional damages if the defendant intentionally, or with reckless disregard of traffic laws, caused the accident. A plaintiff must specifically plead this claim when filing the lawsuit. A seasoned East Hartford wrongful death attorney could evaluate a claimant’s potential damages, including whether they may be eligible to receive additional compensation under this statute.
What Are the Statutory Deadlines?
According to Connecticut General Statutes §52-555(a) actions for injuries resulting in death must be brought both within two years of the date of the fatal accident, and no longer than five years after the “act or omission complained of.” Prospective plaintiffs should be aware of these timeframes because once the dates pass, they may no longer be able to pursue legal action. An experienced attorney in East Hartford could assist a claimant in meeting these deadlines for their wrongful death case.
Contact an East Hartford Wrongful Death Attorney
After the tragedy of your loss, a lawsuit may be the last thing on your mind. Legal professionals understand the difficulty of your situation and could help you pursue justice on behalf of your loved one. A caring East Hartford wrongful death lawyer could offer both legal and emotional support throughout the claims process. To get help on your case, call today.