In Glastonbury, the wrongful death case process starts when an estate is opened to bring and investigate a claim. The sooner a family can involve a wrongful death attorney, the better. This allows the lawyer to have more time to investigate, understand the situation, and preserve evidence and witness statements.
Initial Steps
An investigation starts with an attorney listening to the family as they describe who the person was and gets the facts of the accident. Then, an attorney may talk to the police officers and any witnesses to obtain more information about the deceased’s accident.
If there is any video evidence available from dashcams or nearby businesses, a legal representative may try to collect these as well. When collecting evidence, a lawyer is trying to understand what happened to bring about the person’s death and begins looking at how to preserve the evidence.
Collecting Evidence
The evidence gathered in a wrongful death case is not so different from the evidentiary support collected in other personal injury claims. However, in a wrongful death claim, the investigation process requires a Glastonbury attorney to have a different mindset about where to look for evidence.
Because a lawyer is trying to understand who the person was before their death, they may interview people that may otherwise be unnecessary to interview had the individual survived. For instance, sometimes, family members may only be familiar with one aspect of their loved one’s life. They may not know the descendant’s friends or co-workers. Sometimes these individuals are the best witnesses. They can share stories and shed light on who the deceased was.
Length of a Wrongful Death Case
A wrongful death case might take a few months up to years, depending on the complexity of the situation. Sometimes the case depends on the police report. The state police have one year by law to complete their report in situations involving a fatality. Sometimes, they take the whole year because of a disagreement about what happened or a dispute over damages. A significant dispute can prolong the case because both sides must obtain experts, prepare depositions, and prep for litigation.
An attorney needs the police report to identify the defendant and the witnesses and to determine what took place. Medical malpractice cases tend to take longer because they are more complicated a death resulting from a car accident. In general, these cases settle within two to three years, but possibly as soon as several months. A wrongful death case ends when the estate closes or the claimant receives funds from the estate after a probate court approval.
Contact a Glastonbury Attorney to Learn More About the Process for Wrongful Death Cases
Losing a loved one can result in an extremely stressful and emotional time. A compassionate attorney could guide you through the Glastonbury wrongful death case process, so you can focus on grieving from your loss. When you are ready to get help on your claim from one of our attorneys, schedule an initial case consultation.
