You may qualify to file a wrongful death lawsuit if your loved one has passed away due to injuries suffered as a result of another party’s negligence or intentional actions. For instance, if your spouse suffered fatal injuries in a car accident caused by an intoxicated driver, you’re eligible to file a wrongful death suit against the at-fault motorist.
While filing a suit can help you get the damages you need to cover the decedent’s medical bills, hold a funeral, and deal with other challenges, doing so can be complicated. Fortunately, the Connecticut wrongful death lawyers at Claggett, Sykes & Garza are here for you. We can take the actions required to win your case and give you the compensation you deserve.
Do I Qualify to File a Wrongful Death Lawsuit?
As mentioned above, you may be entitled to seek damages by filing a wrongful death lawsuit if someone close to you has passed away in an accident caused by the negligent or intentional actions of another party.
However, just because your loved one died due to the actions of another person doesn’t mean you’ll be eligible to take legal action. There are other eligibility requirements you’ll have to meet to be able to take the offending party to court.
According to the law, you can only file a wrongful death suit if the decedent named you as their executor or personal representative in their will. If the decedent designated you as their executor in writing, you can seek compensation for your grief and other losses by filing a lawsuit.
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What If the Decedent didn’t Name an Executor in Their Will?
If the decedent didn’t name an executor in their will and didn’t leave information behind on an estate plan, the executor can be decided during what’s known as the probate process. The goal of the probate process is to appoint an executor who can file a suit on the decedent’s behalf.
In most cases, probate courts appoint one of the following parties to be the executor:
- The decedent’s spouse
- The decedent’s adult child
- Another close family member
If you are one of the parties listed above and have been named as the executor of your deceased loved one’s estate, you qualify to file a wrongful death lawsuit. An attorney can help you prepare your suit and ensure you get the damages you need to maintain financial stability during this tumultuous time.
Compensation You Can Receive from a Successful Wrongful Death Lawsuit
If you qualify to file a wrongful death lawsuit, you could receive several different forms of compensation. Depending on the losses you’ve incurred and the challenges you’ve experienced due to the death of your loved one, you may receive several or more of the following compensatory damages:
- Medical and hospital bills your loved one incurred prior to their passing
- Cost of nursing services
- Funeral, burial, and cremation expenses
- Pain and suffering your loved one experienced before they passed
- Loss of enjoyment of life
- Loss of earning capacity
These damages can help you stay afloat after suffering financial losses and dealing with emotional distress after a sudden loss. However, you’ll need an experienced wrongful death lawyer to get the most out of your case.
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How a Wrongful Death Lawyer Can Help You File a Successful Lawsuit
If you’re unsure whether you qualify to file a wrongful death lawsuit, you’ll want to meet with an experienced attorney. A lawyer can review the details of your situation and determine if you have the right to take legal action on the decedent’s behalf.
If an attorney finds that you’re entitled to seek compensation, they’ll take many steps to ensure you get the financial resources you need to cover your losses and deal with other impacts of your loved one’s untimely death. Here’s what an attorney can do to make your lawsuit successful:
- Investigate the fatal accident your loved one was involved in
- Analyze evidence and use it to prove liability
- Build a strong case against the liable party
- Prepare a lawsuit and file it in compliance with Connecticut state law
- Represent you in court and fight for the outcome you deserve
- Guide you through the legal process and answer any questions you have along the way
- Keep you updated on your case’s status
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Statute of Limitations for Wrongful Death Lawsuits in Connecticut
If you’ve recently found out you qualify to file a wrongful death suit, you’ll want to hire an attorney and take legal action as soon as possible. That’s because Connecticut has a statute of limitations that limits the amount of time you have to file a civil suit.
Under Connecticut General Statutes § 52-555, you have two years from the day of your loved one’s death to submit a lawsuit. Failure to abide by this statute could stop you from getting the damages you need to replace your losses and take the time you need to grieve. Get in touch with an attorney soon to give them the time they need to file your suit before the due date.
Find Out If You Qualify for a Wrongful Death Lawsuit for Free
Trying to figure out if you qualify for a wrongful death lawsuit can be confusing and stressful, especially if you’re dealing with the unexpected loss of a loved one. To take some of the burden off your shoulders during this difficult time, consider working with a Connecticut wrongful death lawyer from Claggett, Sykes & Garza.
Our team is here for you and eager to provide the information you need to make smart legal decisions. Contact us today to schedule a free consultation and get the compassionate and client-focused counsel you need to find out if you qualify for a wrongful death suit. If we agree to take on your case, you could receive a significant payment for your losses and suffering.
