Losing a loved one is never easy, especially if someone else’s carelessness or reckless actions caused the loss. The financial strain of funeral costs and lost wages only adds to the emotional burden that family members face during this time.
If you have lost a loved one due to someone else’s negligence, an Enfield wrongful death lawyer could help your family recover damages for the tragedy and hold the responsible party accountable.
These cases are multifaceted, so reaching out to an Enfield personal injury lawyer from the Claggett, Sykes & Garza as soon as possible can help ensure that your losses are fairly compensated. Find out more by calling or completing our online contact form.
What Constitutes Wrongful Death in Enfield?
When someone’s carelessness causes or contributes to the death of another person, the negligent party could be liable for wrongful death. These claims go through the civil court system and are distinct from any criminal proceedings that might ensue.
A family could bring a wrongful death lawsuit even if the events that led to the death did not result in criminal charges. Criminal liability is different from negligence, which a lawyer must prove in a wrongful death lawsuit.
Many wrongful death lawsuits arise out of motor vehicle crashes. However, nearly any fatal accident could form the basis of a wrongful death lawsuit if negligence led to the death. Our team includes:
- Enfield slip and fall accident lawyers
- Enfield motorcycle accident lawyers
- Enfield premises liability accident lawyers
- Enfield product liability accident lawyers
- Enfield truck accident lawyers
- Enfield medical malpractice accident lawyers
An experienced local attorney could evaluate the circumstances of a fatal accident to determine whether a wrongful death claim for financial compensation might be viable.
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Potential Compensation in a Wrongful Death Case
In a wrongful death case, the damages awarded serve to compensate for the losses of family members and those incurred by the decedent leading up to their passing. Damages can be economic or non-economic in nature.
Economic Damages for a Fatal Accident
Economic losses may include medical expenses, funeral bills, burial costs, loss of benefits, and loss of projected income.
Non-Economic Damages for a Deadly Accident
Non-economic damages are intangible and can include pain and suffering that the decedent experienced, mental anguish, emotional distress, and the loss of enjoyment of life.
Punitive Damages in Enfield
If the conduct that caused a death was especially egregious, the decedent’s estate could seek punitive damages to punish the negligent party for their actions. If the death resulted from a car accident and the driver committed specified violations, increased damages could also be available.
A knowledgeable wrongful death attorney in Enfield could advise a family about the damages that might be available to them, given the unique facts of their case.
Who Can File a Wrongful Death Claim?
After an individual passes, someone will need to gather their property, settle their debts and obligations, and distribute their assets. If the deceased individual left a will, this document would name an executor to handle these matters.
The executor is often a family member but could be someone unrelated to the decedent. A probate court will name an administrator to handle the decedent’s affairs if an individual dies without a will. An administrator could be a family member, attorney, or another responsible person.
Who Receives Compensation After a Deadly Accident?
Connecticut General Statutes §45a-448 calls for the distribution of damages from a successful wrongful death lawsuit as personal assets in accordance with the decedent’s will.
If the decedent did not leave a will, state laws governing intestate property will determine the distribution of assets.
The executor or administrator of the will must bring a wrongful death lawsuit in order for the family to receive damages.
Spouses and minor children may also be able to pursue loss of consortium claims in addition to the estate bringing a wrongful death claim.
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How Can an Enfield Wrongful Death Lawyer Help Your Family?
An attorney from a personal injury firm can help with all of your family’s legal needs after a fatal accident. Our team provides personalized legal advice and will deal with insurance companies on your behalf, giving you more time to focus on your family’s needs.
We can investigate the causes of the accident to find the liable party. Depending on your situation, we may use our combined experience to:
- Interview witnesses to get their official statements
- Get a copy of the accident report
- Speak to expert medical professionals to get their opinions
- Visit the scene of the fatal accident
Our experienced attorneys help your family secure fair compensation by finding the responsible party, collecting evidence, and building a strong claim on your behalf.
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How do You Resolve a Claim After a Deadly Accident?
Generally, personal injury attorneys focus on resolving wrongful death cases out of court through a settlement with the insurance company. We can negotiate this settlement on your behalf, reviewing all offers made by the company and comparing them to your losses.
However, we can help you file a wrongful death lawsuit if the insurance company refuses to treat your family fairly. We know the strategies used to deny claims in the insurance industry and stand ready to represent your best interests.
Why Choose Us After a Deadly Accident?
Our team has extensive experience handling complex legal claims and a track record of successfully helping our clients. We’re client-focused and believe in supporting our local community.
We have a reputation for bringing our clients maximum compensation after major accidents. In fact, our firm has secured over $100 million for clients like you through injury claims. We’re here for you and your family after a fatal accident.
You can reach out to us at any point in the legal process to get answers to your questions and reassurance about your claim. We’re Claggett, Sykes & Garza. We’re here to right wrongs.
What does It Cost to Hire a Wrongful Death Lawyer?
Our firm takes on cases using a contingency pricing system. This system means that your family only pays us for legal fees after we resolve your claim. Upon the resolution of the claim, we receive a percentage of your final compensation.
How Long do You Have to File a Wrongful Death Claim?
In most cases, a legal representative must file a wrongful death lawsuit within two years of the decedent’s passing according to the statutory rights of actions and defenses provided in Connecticut.
If an individual’s injuries are not immediately fatal, your family must file a wrongful death lawsuit within five years of the incident that led to death.
In certain instances, an individual will have as few as 90 days following an injury to file proper notice with the court. A seasoned attorney could help ensure family members, executors, or administrators file a wrongful death suit within the state’s required timeline.
Call a Wrongful Death Lawyer in Enfield Today
Your family can take charge of the legal process after a fatal accident by hiring an Enfield wrongful death lawyer from our team at the Claggett, Sykes & Garza. We’re ready to discuss your situation and empower your family today.
Reach out by calling or filling out our online contact form to learn more about what our compassionate attorneys could do for you.
