If your loved one has passed away from injuries sustained in an accident, you may be eligible to file a wrongful death suit for compensation. If you’re considering taking legal action on behalf of your deceased family member or spouse, you’ll want to ask, “What is the statute of limitations on a wrongful death lawsuit.”
This is an important question to ask because failing to abide by the statute of limitations could stop you from getting the damages you deserve. According to the Glastonbury wrongful death lawyers at Claggett, Sykes & Garza, the statute gives you two years to file a suit. Let’s further discuss the state’s filing deadline and how complying with it can benefit you.
Connecticut’s Statute of Limitations for Wrongful Death Lawsuits
Connecticut General Statutes § 52-555 states that you have two years from the day of your loved one’s passing to file a lawsuit against the party that caused their fatal injury. It’s important to note that the statute of limitations doesn’t necessarily start on the day of your loved one’s accident.
If the decedent suffered injuries in an accident and passed away several weeks or months later, you’ll have two years from the day they were pronounced dead to take legal action.
Additionally, the statue of limitations could be longer than 2 years in some circumstances. In other cases notice may have to be given in as little as 90 days to preserve the right to bring a lawsuit. Connecticut has various technical notice requirements that must be complied with in certain situations.
Failing to abide by this statute could result in your case getting thrown out, leaving you without the damages you need to cover costs related to your loved one’s death and cope with the emotional suffering you’re experiencing. Fortunately, a skilled attorney can ensure your suit is filed on time, but you’ll have to get in touch with one as soon as possible.
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Additional Laws that Apply to Your Wrongful Death Lawsuit
While it’s important to familiarize yourself with the statute of limitations for wrongful death lawsuits, you’ll want to learn other important laws and requirements before pursuing compensation for a lost loved one. For example, the state of Connecticut has laws that dictate who is eligible to file a wrongful death suit.
According to the law, you can only file a lawsuit on your loved one’s behalf if they name you as an executor in their will. An executor is basically a personal representative who can choose to seek compensation for economic and non-economic losses caused by the decedent’s passing.
If your loved one didn’t designate an executor in their will, a probate court can assign the position to one of the following parties:
- The decedent’s spouse
- The decedent’s adult child
- Another one of the decedent’s close relatives
If you have one of the above-mentioned relationships with the decedent or are named as the executor in their will, the law will allow you to seek damages for your grief, suffering, and financial losses. That said, it’s important to work with a skilled attorney to seek damages. They’ll use their legal knowledge to file a strong claim for you.
Compensation You Can Obtain by Filing a Wrongful Death Lawsuit
If you follow the statute of limitations for wrongful death lawsuits and abide by the other laws that govern your case, you could receive a number of different damages. To ensure you get compensation for all the losses you’ve taken on, your attorney will meet with you to discuss how your loved one’s passing has affected your life, mental health, and finances.
Using the information and documentation you provide, your wrongful death lawyer can determine which damages you’re owed and how much your claim is worth in total.
While no amount of money can make up for the sudden and tragic loss of a family member, the following damages can provide the financial support you need to cope with this challenging turn of events:
- Cost of decedent’s end-of-life medical care
- Ambulance fees and other emergency medical costs
- Loss of inheritance
- Loss of financial support
- Pain and suffering your loved one experienced prior to death
- Mental anguish you’ve experienced due to your loss
- Loss of enjoyment of life
- Loss of consortium
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Finding the Right Attorney for Your Wrongful Death Lawsuit
Since every wrongful death case is slightly different, each lawsuit requires different skills and resources. To ensure your suit is in good hands, you’ll want to find an attorney with experience obtaining impressive results for a number of different clients.
The right attorney for your case will have litigated wrongful death lawsuits for a considerable amount of time and have experience taking legal action after fatal injuries caused by:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Premises liability incidents
- Product liability incidents
If you’ve met with an attorney with experience handling claims for the fatal incident your loved one was involved in, you’ll want to consider working with them. It can also be helpful to research the lawyer’s client reviews and past case results.
If they have a track record of success and a history of providing excellent client experiences, they’ll likely be able to follow the statute of limitations and file a strong wrongful death lawsuit on your behalf.
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At Claggett, Sykes & Garza, our team has won over $100 million for individuals dealing with injuries, fatal accidents, and other serious matters. We represent people from all walks of life and have received many positive reviews from our past clients.
If your loved one has passed away in an accident caused by another party, we understand how upset and frustrated you must be. Fortunately, our team of Glastonbury wrongful death lawyers can take legal action on your behalf and fight for the damages you need to persevere through this challenging time.
Contact us today to schedule a free consultation with a compassionate lawyer and get started on your civil suit.