What Is a Wrongful Death Claim?

Losing a loved one brings on heavy emotions that are impossible to process while fighting for justice. If your loved one passed away in an accident that could have been prevented, it’s important to learn what is a wrongful death claim. Then, hire a wrongful death lawyer to pursue your personal injury case.

Your loved one left behind a legacy worth fighting for. When you have the opportunity to spread awareness and prevent any further accidents, do it the right way with the help of an experienced Fairfield personal injury lawyer.

Filing a Wrongful Death Claim in Fairfield, CT

Wrongful death occurs when the responsible party has a duty of care, whether to keep an oath as a doctor or follow the laws while driving. If the responsible party neglected or breached a duty of care, leading to your loved one’s death, you have a personal injury case on your hands.

Your wrongful death attorney in Fairfield can help you file the claim, negotiate with the responsible party’s insurance, and prepare your case for court if necessary. Having legal representation will allow you to maximize compensation and demand respect during the case.

1. What Constitutes a Wrongful Death Claim?

Defining what is a wrongful death lawsuit in CT means revisiting the circumstances surrounding the accident. If your loved one died in a car accident, did the other driver practice negligence or a breach of duty (i.e., drunk driving, speeding, running a stoplight)? If the answer is yes, you are eligible to file a wrongful death claim in Fairfield.

Examples of wrongful death claims in Connecticut include motor vehicle accidents, workplace accidents, medical malpractice, and defective products.

2. Who Can File?

Because the victim is deceased, they are unable to file a personal injury claim. Immediate family members or estate executors are eligible to file a claim. In addition, Connecticut wrongful death claim eligibility is granted to legal representatives, such as personal injury lawyers in Fairfield.

The statute of limitations for wrongful death claims in Connecticut is two years from the date of the accident. There are extenuating circumstances, so you should always speak with your lawyer about your loved one’s wrongful death.

3. What Types of Compensation Are Available?

You can receive compensation for all damages sustained from the accident. Types of damages in wrongful death cases CT include medical bills, lost future earnings, funeral costs, and loss of companionship. The pain and suffering from suddenly losing a loved one is significant to determining how much is a wrongful death claim worth in Fairfield.

Punitive damages may also be awarded if the responsible party is found grossly negligent. These damages are granted to the victim’s family as a means to penalize the at-fault party.

4. What Is the Legal Process for Filing a Wrongful Death Claim in Fairfield, CT?

It’s rare to know how to file a wrongful death claim in Fairfield, CT, because accidents that result in fatal injury are so rare. You do not have to carry the burden of filing the claim without professional help.

Here is what you can expect from your wrongful death attorney:

Investigation

The first step in filing a wrongful death claim is conducting a thorough investigation. This involves gathering evidence, such as medical records, police reports, witness statements, and other relevant documentation.

In some cases, expert witnesses such as accident reconstructionists or medical professionals may be needed to strengthen the claim. Your lawyer will uncover who is responsible for the accident. It could be an individual, company, hospital, organization, or manufacturer.

Additionally, your lawyer will calculate all damages relevant to the case, including the impact on the family regarding medical bill burdens, loss of companionship, and loss of future income.

Filing the Claim

Your Fairfield wrongful death attorney will prepare a legal document outlining the facts, everyone involved, and the list of damages. Then, the team will file the claim within CT’s statute of limitations.

Negotiation

Before going to court, your lawyer will enter negotiations with the responsible party’s insurance company. They may offer a settlement, and your attorney will know if it is a lowball offer and will counteroffer. If you cannot reach an agreement, the case goes to trial.

Trial

Your lawyer will represent you in court, presenting your side of the case, calling witnesses, and making legal arguments on your behalf. The jury or judge will ultimately make the decision to award damages and how much. Having a trusted wrongful death attorney is imperative for every step of the case.

5. What Are the Common Challenges in Wrongful Death Claims?

Challenges in wrongful death claims in Fairfield arise depending on the case’s complexity. If video surveillance and witnesses are involved, the case can run smoothly. It’s essential to choose a lawyer with access to expert witnesses, strong negotiation tactics, and earned respect in the community.

Find a Wrongful Death Lawyer You Can Trust

You have the right to compensation if your loved one was killed in a car accident or medical setting. Seek justice for your loved one’s wrongful death by partnering with a skilled attorney of law.

Brill Law Group is experienced in advocating for clients’ rights and proving negligence or breach of duty in Fairfield wrongful death cases. Hire a lawyer to fight for maximum compensation without the extra stress of doing it all yourself. The best part is you don’t have to pay any fees until we win your case. Schedule your consultation today.