The loss of a loved one in an accident or other unexpected incident is a devastating experience. Seeking accountability through a wrongful death claim can provide crucial financial support and a sense of closure. If you lost a loved one because another party was negligent, a Glastonbury wrongful death attorney can help you pursue the justice your family deserves.
At Jainchill & Beckert, LLC, our Glastonbury attorneys have decades of combined experience and a proven track record of securing favorable client outcomes in wrongful death claims. Our firm stands out for its personalized approach, ensuring each case receives the dedication and respect it deserves. Contact us today for a free consultation.
What Is a Wrongful Death?
A wrongful death occurs when someone dies due to another party’s negligent or intentional actions. In other words, the responsible party could have prevented the death by acting with the appropriate level of care. Wrongful death claims are civil lawsuits brought by the deceased person’s estate to pursue compensation for the surviving family members.
The primary goal of a wrongful death claim is to provide financial support to the survivors who depended on the deceased for emotional and monetary support. These claims also hold the responsible party accountable, promoting justice and preventing similar incidents from affecting other families in the future.
What Are Common Causes of Wrongful Deaths in Glastonbury?
Wrongful deaths can occur due to a variety of unfortunate circumstances.
Some of the most common causes of wrongful deaths include:
- Car accidents – Traffic collisions are a leading cause of wrongful deaths. These can result from distracted driving, speeding, drunk driving, or disobeying traffic signals.
- Medical malpractice – Errors by medical professionals, such as misdiagnosis, failure to diagnose, surgical mistakes, or medication errors, can tragically lead to wrongful death.
- Defective products – Manufacturers can be liable if a defective product causes fatal injuries. Examples include faulty machinery, unsafe drugs, or malfunctioning vehicles.
- Workplace accidents – In high-risk industries like construction and manufacturing, accidents can result in fatalities due to unsafe working conditions, lack of proper safety measures, or equipment failures.
- Bicycle and pedestrian accidents – Cyclists and pedestrians are vulnerable to being hit by vehicles. Due to their lack of protection, these accidents are more likely to lead to fatal outcomes.
- Criminal acts – Homicide or other violent crimes committed intentionally can also be grounds for a wrongful death lawsuit.
How Do You Determine Who Is Liable for the Wrongful Death?
Determining liability in a wrongful death case involves identifying any parties whose actions or negligence directly led to the death.
The wrongful death lawsuit process typically includes the following steps:
- Investigating – An attorney will conduct a thorough investigation to gather evidence. This can involve reviewing accident reports, medical records, eyewitness testimonies, and any available video footage. The attorney may also bring in experts to reconstruct accidents or analyze medical errors.
- Establishing duty of care – The plaintiff must prove that the defendant had a responsibility or owed a duty of care to the deceased. For example, drivers have a responsibility to follow traffic laws, and doctors have a duty to provide competent medical care.
- Proving breach of duty – The defendant must have breached their duty of care. You may use evidence of a driver breaking the law, medical negligence, or failure to follow safety regulations at a workplace to demonstrate this breach.
- Establishing causation – There must be a direct link between the breach of duty and the death. The plaintiff must show that the defendant’s actions or negligence caused the fatal incident.
- Proving losses – Finally, the plaintiff must prove that the death caused quantifiable losses. These can include medical expenses, funeral costs, loss of income, and loss of companionship.
Who Can File a Wrongful Death Claim in Glastonbury?
According to Connecticut law, the executor or administrator of the deceased person’s estate must file the claim. This individual will be identified in the deceased’s will.
If the deceased did not appoint an executor, the court will appoint someone. Typically, the court chooses a close family member, such as a surviving spouse, adult child, or parent, to serve as the administrator. Contact our Glastonbury wrongful death lawyer today.
What Types of Damages Can a Glastonbury Wrongful Death Lawyer Help You Recover?
A Glastonbury wrongful death lawyer can help you pursue compensation for the loss of your loved one. These damages address both the economic and non-economic impacts of the wrongful death.
You may be able to recover wrongful death compensation for:
- Medical expenses – Compensation for the medical costs incurred before the death, including hospital stays, surgeries, medications, and other treatments
- Funeral and burial costs – Coverage for the expenses related to the funeral, burial, or cremation services
- Lost income – Recovery of the deceased’s income they would have earned had they survived, including potential future earnings and benefits
- Loss of services – Compensation for the loss of services the deceased provided, such as childcare, household maintenance, and other contributions to the family’s well-being
- Pain and suffering – Damages for the pain and suffering endured by the deceased before death, as well as the emotional trauma experienced by the surviving family members
- Loss of consortium – Compensation for the loss of companionship, love, support, and guidance the deceased provided to their spouse and family members
- Loss of enjoyment of life – Damages for the lower quality of life resulting from the deceased’s absence
How Are the Proceeds from a Glastonbury Wrongful Death Claim Distributed?
When the administrator or executor of the decedent’s estate files a wrongful death claim, the compensation awarded goes directly to the estate. The estate then disburses the money to the decedent’s heirs according to the terms of their will or estate plan. Our wrongful death attorney can assist you.
What Is the Statute of Limitations for Wrongful Death Claims in Connecticut?
Connecticut’s statute of limitations gives you two years from the death with a five-year limit from the date of the incident that caused it to file a wrongful death suit. Depending on the circumstances, there may be exceptions to these deadlines. A Glastonbury wrongful death attorney can review your case and determine which deadlines apply to ensure all paperwork is filed on time.
Contact a Glastonbury Wrongful Death Lawyer
Losing a loved one is a difficult experience, but it can be uniquely traumatizing when it happens as a result of someone else’s carelessness. At Jainchill & Beckert, LLC, our compassionate and experienced Glastonbury wrongful death attorneys dedicate themselves to helping you seek justice and financial relief. We handle all legal aspects of your case so you can focus on healing. Contact us today for a free consultation if you need support and guidance during this difficult time. Let us help you pursue the compensation you deserve and hold the responsible parties accountable.
