Losing a loved one is always a traumatic experience that creates a significant hole in your life. The pain of this loss is amplified when the death could have been avoided if not for the negligence or intentional actions of another party. After the death of a loved one, an experienced Granby wrongful death attorney can help you recover money from the at-fault party.
At Claggett, Sykes & Garza, we are well aware of the difficulties you face after the death of a loved one. Our experienced team of Granby personal injury lawyers will approach your case with compassion and do everything we can to ensure you get the money you need from the liable party. Contact us today to schedule your free case evaluation with a member of our legal staff.
Most Wrongful Death Cases Settle Out of Court
Filing a lawsuit to recover damages in a wrongful death case may not be your top priority following the death of a loved one. However, it can be critical, especially if the deceased was the primary earner for your household. When pursuing compensation, it’s important to understand that the majority of these cases end up being resolved through out-of-court settlements.
Settling is usually in the best interest of everyone involved after a wrongful death. For the family of the deceased, it can mean recovering compensation far more quickly than going to court, allowing them to move on with their lives. For the at-fault party, settling can mean avoiding the unwanted publicity that often comes with a public trial in these cases.
Even though your case will likely ultimately settle, you still need to prepare as though going to court is a certainty. You may find that your case is in the minority of wrongful death cases that can not be settled through negotiations. Furthermore, by demonstrating that you are willing to go to trial, the other party will likely feel pressured to agree to move favorable settlement terms.
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The Cost of Hiring a Wrongful Death Attorney Serving Granby
The family members of wrongful death victims far too often fail to hire an attorney over worries that they can not afford to do so. Even though lawyers in many fields charge their clients expensive legal fees without any guarantees of a positive outcome to their case, this is not typically how things work with wrongful death attorneys.
At Claggett, Sykes & Garza, we work on a contingency fee basis. What this means is that we only charge our clients if we are able to recover money on their behalf. If you don’t collect compensation, we don’t get paid. If we are able to secure damages in your case, we will collect a single fee at the end of your case, paid directly from the money recovered at a set percentage.
By charging our clients this way, we can ensure access to legal counsel for all family members of wrongful death victims, no matter their financial standing. Our team will handle every aspect of your legal case from start to finish, including ensuring that your paperwork is completed correctly and filed before the Connecticut personal injury statute of limitations deadline.
The Elements of Negligence You Must Prove to Recover Compensation
When attempting to recover compensation in a wrongful death case, you will need to prove that the party responsible for your loved one’s death was negligent or acted with the intention of causing harm. There are four elements you must establish to prove negligence:
- Duty of care
- Breached duty of care
- Damages
- Causation
Duty of Care
The first step in proving negligence and securing compensatory damages after the death of a loved one is showing that the at-fault party owed your loved one a duty of care. Proving that a duty of care existed will vary depending on how the death occurred.
For example, if your loved one was killed in a car accident caused by another driver, establishing a duty of care is easy, as all drivers owe a duty of care to everyone else on the road. Similarly, if your loved one died as the result of medical malpractice, all parties involved in their medical care in any way owed them a duty of care.
Breached Duty of Care
After proving that a duty of care existed, you need to show how the liable party violated that duty of care. Using the example of a car accident, proving that the driver was speeding, texting, or under the influence of drugs or alcohol are all clear violations of their duty of care.
Damages
Proving damages in a wrongful death case is clear. The death of your loved one is the primary damage that will be used for proving negligence.
Causation
Finally, you need to tie everything together. You need to demonstrate to the court how the at-fault party breaching their duty of care was the direct cause of the death of your loved one. An experienced attorney will be able to clearly connect the dots in a straightforward manner that proves causation.
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Get Help From an Experienced Wrongful Death Attorney in Granby Today
Securing compensation following the death of a loved one can be critical. Letting an experienced legal professional handle your wrongful death claim will not only increase your chances of getting the money you need but will also free you up to focus your attention on your family and process your grief.
At Claggett, Sykes & Garza, we are always ready to take a case to trial to ensure our client gets the money they need from the liable party. Contact us by phone or through this site today to set up a free, no-obligation case review with a member of our legal team.
