Wrongful death actions in Connecticut are filed on behalf of a deceased person’s estate. These actions are intended to compensate the estate for the losses the deceased person suffered as the result of a negligent person’s behavior. These can be extremely difficult cases to prove since the victim is not able to testify on their own behalf.
The idea of pursuing legal action in the aftermath of a loved one’s death can be burdensome for the victim’s family. A reliable New Haven wrongful death attorney can help you through the entire process and work to ensure that your loved one’s estate is fully compensated. We are Connecticut personal injury attorneys at the Law Office of Carl A. Secola, Jr., LLC, and we represent families who are suffering because of a loved one’s death.
The Purpose of Filing A Wrongful Death Claim In New Haven
Wrongful death refers to a situation where an individual loses their life due to the negligence, misconduct, or wrongful act of another person or entity. Wrongful death cases can arise from various circumstances such as car accidents, medical malpractice, workplace accidents, defective products, or acts of violence.
In these cases, the surviving family members or beneficiaries of the deceased person may be entitled to seek compensation for the losses and damages they have suffered as a result of the wrongful death. Wrongful death claims aim to hold the responsible party accountable for their actions and provide financial support to the affected family members, including compensation for medical expenses, funeral costs, loss of income, loss of companionship, and emotional distress.
Examples of Wrongful Death Claims
Some common examples of wrongful death claims include:
- Car Accidents: If a person loses their life due to the negligent or reckless actions of another driver in a car accident, their surviving family members may have a wrongful death claim.
- Medical Malpractice: If medical professionals provide substandard care that leads to the death of a patient, the patient’s family may file a wrongful death claim.
- Workplace Accidents: If an employee dies as a result of a workplace accident or occupational hazard, their family may be eligible to file a wrongful death claim against the employer or other responsible parties.
- Product Liability: If a defective product causes fatal injuries, the manufacturer, distributor, or seller of the product may be held accountable through a wrongful death claim.
Helping You Through A Difficult Process
We understand what a difficult time this is for you, and you have our pledge that we will do everything in our power to obtain the best possible outcome for your loved one’s estate in the most pain-free manner for your family.
Our personal injury attorneys in New Haven do not expect that any amount of money will ever compensate for your loved one’s death. However, monetary damages are the only form of justice available in our current legal system. It is our hope that any damages that you receive will provide you with adequate financial support as you move into this new phase of your life.
Potential Damages in a New Haven Wrongful Death Claim
Among the damages that can be sought on behalf of your loved one’s estate are the following:
- Medical, Funeral, and Burial Expenses: These damages cover the costs incurred for medical treatment, hospitalization, and emergency care received by the deceased prior to their passing. Additionally, it includes funeral and burial expenses necessary to lay the loved one to rest.
- Loss Of Earning Capacity and Loss of Future Income: If the deceased was the primary income earner or contributed to the financial support of their family, the claim may seek compensation for the loss of their earning capacity and the future income they would have provided. This includes factors such as occupation, education, skills, and earning potential.
- Loss of Future Retirement: This refers to the financial loss resulting from the premature death of the individual and the inability to enjoy the anticipated retirement benefits they would have accumulated had they lived a full life.
- Your Loved One’s Loss of Enjoyment of Life: This damage accounts for the loss of the deceased’s ability to engage in activities and experiences that would have brought them joy, fulfillment, and quality of life if they had survived.
- Your Loved One’s Pain and Suffering Prior to Death: If the deceased experienced pain, suffering, or emotional distress as a result of the negligent or wrongful act that caused their death, the claim may seek compensation for the physical and emotional hardships they endured during their final moments.
Depending on the circumstances of the fatal accident that took your loved one’s life, it may be possible to seek punitive damages against the responsible party. These damages are intended to punish the negligent party for reckless behavior that led to the death of another person. We will conduct a thorough evaluation of your case and give you an honest assessment of the potential for punitive damages in your case.
Who Can Bring A Wrongful Death Claim in New Haven?
In New Haven, Connecticut, the right to bring a wrongful death claim is granted to specific individuals who are recognized as “statutory beneficiaries.” These individuals are typically close family members or dependents of the deceased person. The following parties may be eligible to bring a wrongful death claim in New Haven:
- Surviving Spouse: The surviving spouse of the deceased person has the primary right to bring a wrongful death claim. If there is no surviving spouse, the other eligible parties may have the right to file a claim.
- Children: If the deceased person had children, they may have the right to bring a wrongful death claim. This includes biological children, adopted children, and sometimes stepchildren, depending on the specific circumstances.
- Parents: In certain cases, parents may have the right to file a wrongful death claim if their child passes away. This applies to both biological and adoptive parents.
- Executor or Administrator of the Estate: If there are no surviving spouses, children, or parents, the executor or administrator of the deceased person’s estate may have the right to bring a wrongful death claim on behalf of the estate and distribute the compensation to the appropriate beneficiaries.
The Statute of Limitations for New Haven Wrongful Death Claims
In New Haven, Connecticut, wrongful death claims are subject to a statute of limitations, which is a time limit within which the claim must be filed. The statute of limitations for wrongful death claims in New Haven is generally two years from the date of the individual’s death. It’s important to understand that failing to file a wrongful death claim within this designated time frame may result in the loss of the right to seek compensation.
However, there are certain exceptions and variations to the statute of limitations depending on the circumstances of the case. For example, if the wrongful death claim is related to medical malpractice, the statute of limitations may differ.
Why You Should Contact our New Haven Wrongful Death Lawyer Today
Losing a loved one due to wrongful death is an incredibly painful and devastating experience. If you find yourself in this unfortunate situation, it is essential to seek the guidance of a compassionate and experienced New Haven wrongful death lawyer who can support you through this challenging time.
Our dedicated team of legal professionals is here to provide you with the guidance, advocacy, and personalized attention you deserve. At the Law Office of Carl A. Secola, Jr., LLC, we understand the emotional and financial hardships you may be facing, and we are committed to fighting for your rights and seeking the justice and compensation you and your family deserve.
We represent clients throughout the New Haven area and across Connecticut. If your loved one died because of another person’s negligence, contact our office to discuss your rights and legal options. Reach us by phone at 203-891-5265 or contact us to schedule an appointment.