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Losing a loved one in an untimely death is one of life’s most difficult ordeals. If your loved one died as a result of someone else’s carelessness or misconduct, it is even harder to endure.
A sudden death can leave you disoriented and underwater, wondering how to move forward. You should not be left to struggle financially because of the loss of your loved one’s income and support.
The Bristol wrongful death attorneys at Jainchill & Beckert, LLC, can help you demand financial accountability if your loved one has died due to another’s wrongful actions in Bristol, Connecticut. Your financial losses and suffering deserve attention from a knowledgeable and compassionate attorney.
Contact us today to speak to a Bristol, CT, wrongful death lawyer.
What Is a Wrongful Death?
A wrongful death refers to any death caused by another person’s negligence or wrongdoing. The point of a wrongful death claim in Connecticut is to reimburse the deceased’s estate for losses incurred due to death.
The state of Connecticut allows the executor or personal representative of the deceased’s estate to file a wrongful death action.
What Are Common Causes of a Wrongful Death in Bristol?
Any instance where one person dies due to another’s negligent or intentional conduct may be grounds for a wrongful death lawsuit.
Common causes of wrongful death in Bristol include:
- Fatal motor vehicle accidents
- Medical malpractice
- Defective product injuries
- Premises liability accidents (such as slip and fall accidents)
- Criminal acts (like assault and battery)
- Workplace accidents.
Negligent behavior often causes wrongful deaths. They can also happen due to intentional acts like criminal violence.
How Do You Prove Who Is Responsible for the Wrongful Death?
To develop a successful wrongful death suit, a wrongful death attorney must prove that the at-fault party caused the deceased’s death as a result of negligence or intentional action.
Several types of evidence may help prove liability, such as:
- Photos and video recordings
- Eyewitness statements
- Police reports
- Medical records
- Death certificate and autopsy reports
- Receipts showing financial losses.
The burden of proof in a wrongful death claim is less than in a criminal homicide trial. In a criminal trial, the prosecution must prove guilt beyond a reasonable doubt.
In a wrongful death case in civil court, the plaintiff must show by a preponderance of evidence that the defendant is responsible for the death and financially liable.
Who May File a Bristol Wrongful Death Claim?
In Connecticut, only the personal representative of the deceased’s estate can file a wrongful death claim. (See Conn. Gen. Stat. § 52-555). This person is often a relative of the deceased, such as a spouse, son, or daughter.
The personal representative is the person responsible for administering the deceased’s estate. If the deceased doesn’t have a will, the court will appoint an executor on their behalf.
What Forms of Compensation Could Be Available for a Wrongful Death Case in Bristol?
A wrongful death claim may demand compensation for the following types of losses:
- Medical bills and expenses incurred before death
- Lost work income and earning potential due to death
- Funeral and burial expenses
- Conscious pain and suffering experienced before death.
Connecticut also has a special law that can increase compensation in wrongful death cases involving automobile accidents. If your loved one died in a car accident due to another driver’s reckless or intentional conduct, the court can double or triple the compensation awarded. (See Conn. Gen. Stat. § 14-295.)
In addition to a wrongful death claim, the spouse of the deceased may be able to file a claim for loss of consortium. This type of claim serves to compensate the spouse for direct losses they suffered, such as emotional distress and loss of companionship.
Loss of consortium claims are separate from wrongful death claims, but they can be filed concurrently.
Who Would Receive the Money in a Wrongful Death Settlement?
Wrongful death claims in Connecticut are brought on behalf of the deceased’s estate. This means that any money from a wrongful death claim will be part of the deceased’s estate and be handled like any other asset. If the deceased has a will, the settlement money will go to the deceased’s beneficiaries as directed in the will.
If there is no will, then the money is distributed to surviving family members according to Connecticut’s laws of intestate succession. These laws distribute assets to the deceased’s spouse, children, parents, and siblings in order of decreasing priority.
However, compensation from a loss of consortium claim goes directly to the deceased’s spouse.
How Long Might It Take to Settle a Bristol Wrongful Death Claim?
The time required to resolve a wrongful death claim varies depending on the specific facts of the case and whether the case is settled out of court or proceeds to trial. Timelines depend on the case’s complexity, the amount of damages sought, and the presence of criminal homicide trials.
A Bristol wrongful death attorney with Jainchill & Beckert, LLC, can review your situation and discuss the timeline for a wrongful death action.
Does Connecticut Have a Statute of Limitations for Filing a Wrongful Death Lawsuit?
Yes, you have two years from the date of death to file a wrongful death lawsuit. This filing deadline starts from the date of death. However, in no case can you file a wrongful death lawsuit after five years from the action or omission that caused death.
This five-year counter places an absolute time limit on all wrongful death claims, regardless of when death occurs.
Contact a Bristol, CT, Wrongful Death Lawyer
The grief of losing a loved one in an untimely manner can be all-consuming. However, you shouldn’t have to endure financial hardship due to someone else’s wrongful actions. The attorneys at Jainchill & Beckert, LLC, can help you seek financial stability with a wrongful death claim.
We have over five decades of collective legal experience and an established track record of successful settlements and verdicts. We can provide the guidance and legal support you need during life’s most difficult challenges.
Contact our office online or call today for a free consultation with a Connecticut wrongful death attorney.
