The last thing anyone wants to do after experiencing the death of a loved one is get involved in a prolonged court battle. Unfortunately, there may be economic considerations to contend with that necessitate filing a wrongful death lawsuit. To help alleviate that stress, a compassionate lawyer in Manchester could help you file a claim and take the lead on a case that is bound to be personal to you. Speak to a dedicated wrongful death attorney to learn about filing a claim in Manchester.
Establishing Intent in Wrongful Death Actions
Intent does not need to be established for wrongful death lawsuits. Often, these are negligence cases, which means that the at-fault party did something that contributed to the individual’s death, but they did not intend for the individual to lose their life.
If an individual’s death was not the result of someone else’s negligence, a wrongful death claim cannot be filed. The negligence of another person must be a contributing factor in order to file a viable wrongful death lawsuit.
What is the Filing Process Like for Wrongful Death Action in Manchester?
The filing process for a wrongful death action is fairly straightforward. Once probate court approves the appointment of the administrator executor of the estate, a lawsuit can be drafted, filed, and served to the at-fault parties.
A wrongful death complaint must be filed in the Hartford Judicial District or the Tolland Judicial District in Rockville, Connecticut. The respondent would be notified that a wrongful death claim has been filed against them upon being with served with the initial filings by the state marshal.
Complications in Filing A Fatal Accident Claim
An individual’s ability to file a wrongful death claim may be inhibited by fatal investigation accidents or inefficient police reporting. Cases can be prolonged if relevant information is not released in an efficient manner or if witness statements are not timely taken.
Even after filing, a wrongful death action can take anywhere from months to years, depending on the complexity of the case itself. The life of a case could be extended if an autopsy report is needed, multiple experts need to review the case, or the at-fault party fights the case. Wrongful death actions can also be prolonged as probate court approves a settlement or if the police report is delayed.
Documents to Bring to an Initial Consultation with an Attorney
A client should bring any relevant documentation that they have to their initial consultation. A local lawyer could assess the case by reviewing whatever information evidence the claimant already has. However, if a person does not have any documentation at the time of their first consultation, that should not bar the meeting. A competent attorney could gather the initial facts of the case from the individual, and use authorizations, subpoenas, and formal requests to obtain additional information once the case has begun.
A lawyer can ensure that the appropriate documents are submitted to the court and that the right experts can be utilized to persuasively support the claims. They will be capable of analyzing each facet of the case and navigating the legal system so that the family of the deceased individual is protected.
Attorneys are prepared to listen and learn about who the deceased was, what happened to them, and how that loss has impacted the potential client.
What Role Does Discovery Play in Calculating Wrongful Death Damages?
Discovery is a process that occurs after filing a claim where both the plaintiff’s and defendant’s lawyers can access each other’s information, such as medical records or personnel files. The discovery process can entail written questions, exchanges of documents, and in-person depositions in order to gather as many facts as possible.
In Manchester, documents can be filed in wrongful death cases that allow some discovery in special circumstances before a lawsuit is brought.
You Do Not Need to File a Wrongful Death Claim Alone
There are a number of steps to take when filing a wrongful death claim. It can be time-consuming and emotionally draining, but a competent local attorney could make the process easier and less painful by handling the legal elements of your case. Call today to schedule a consultation to get started filing a wrongful death claim in Manchester.