A wrongful death claim is a kind of personal injury lawsuit that can be filed by people who were closely related to the victim of a fatal accident. Because the victim is deceased and therefore not filing on their own behalf, there are several intricacies to a wrongful death lawsuit that are important to keep in mind.
Although you may be dealing with immense grief and stress, talking to a personal injury attorney may be your best option for achieving some semblance of closure after a fatal accident or at least appropriate financial compensation for your losses. A Glastonbury wrongful death lawyer could help you file a claim against the person responsible for the death of your family member and strive on your behalf to recover fair restitution for the defendant’s negligent conduct.
How Are Wrongful Death Claims Different from Other Cases?
Wrongful death claims are similar to other personal injury lawsuits in that they are filed by the victim of an accident against the person or the people who were ultimately responsible for their injuries, with the aim of recovering compensation for the victim’s losses. However, wrongful death claims are unique in that the true victim of the accident is no longer able to enforce their rights in court.
In light of this, Connecticut General Statutes §52-555 allows for a victim’s loved ones to enforce the rights of the victim in court. Through a wrongful death lawsuit, surviving family members can seek the compensation that the decedent would have been eligible to pursue had they survived their accident, as well as additional damages for their own pain and suffering.
Who Can File a Wrongful Death Lawsuit?
In Glastonbury, the only person who can actually file a wrongful death claim on behalf of a deceased accident victim is the executor or administrator of that person’s estate. This person is designated in the deceased person’s will or estate plan or, if no one is named in these documents, appointed by the court. Talking to a loved one’s administrator after an accident and urging them to pursue a wrongful death claim may be a critical first step to a successful outcome.
Damages Recoverable Through a Wrongful Death Claim
Because a wrongful death lawsuit aims to compensate the victim and their family members similar to a personal injury claim, there are specific types of damages that are recoverable in a successful wrongful death lawsuit. These include but are not limited to:
- Medical expenses from prior to the decedent’s death
- Pain and suffering the victim endured
- Compensation for family members’ loss of capacity to enjoy life
- Lost future earning capacity, with regard to what dependent family members now lack in terms of financial support
- Funeral and burial expenses
If the lawsuit is successful, the reimbursement for these losses would be paid into the victim’s estate, where they could then be disbursed according to the deceased person’s will or intestacy law. A Glastonbury wrongful death attorney could go into further detail about how this process might play out in each individual case.
The Statute of Limitations for Wrongful Death Claims
In order to keep evidence fresh and prevent potential defendants from fearing a lawsuit long after an incident occurs, there is a statute of limitations for wrongful death claims in Glastonbury. This statute requires wrongful death claims to be filed within two years of the victim’s death, and within five years of the fatal incident.
Failing to comply with the statute of limitations leads to an easy dismissal of even the strongest wrongful death claim. This only further highlights the potential importance of talking to a skilled attorney in Glastonbury soon after a fatal accident.
Work with a Glastonbury Wrongful Death Attorney Today
There is no greater injury that you or a loved one can suffer than a fatal one. However, just because your family member cannot invoke their rights to compensation in court does not mean that you have no options to recover financially on their behalf.
By contacting a compassionate Glastonbury wrongful death lawyer, you could learn how to more effectively take action that your loved one could have taken, had they survived their accident and been able to enforce their rights. Call today to see what may be possible in your situation.
