The shock of losing a loved one can be difficult to face no matter the circumstances. When someone dies because of the negligent actions of another, this can make the grieving process harder to overcome because of the daunting legal process that comes along with it. A compassionate personal injury attorney could help you through this difficult time by handling any legal challenges you may face when filing a wrongful death lawsuit.
A Marlborough wrongful death lawyer could review your loved one’s case and hold the negligent party responsible. You do not have to go through this painful experience alone. Reaching out to legal counsel could give you the peace of mind you deserve.
Defining a Wrongful Death
Courts consider a death wrongful when the cause is due to the negligence or deliberate wrongdoing of someone else. For instance, if a person dies after being hit by a drunk driver, the driver may be held responsible for this person’s death because of their reckless decision to drive while under the influence of alcohol.
These claims may result from many different types of circumstances, including car wrecks, medical malpractice, workplace accidents, slip and fall incidents, and intentional malicious acts that lead to criminal charges against the assailant. A Marlborough lawyer who is familiar with wrongful death suites could help a plaintiff prove that negligent conduct was the cause of their loved one’s passing, and the defendant should be held accountable.
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Who May File a Claim
Connecticut General Statute §52-555 allows the administrator of a deceased person’s estate to file a claim for injuries resulting in death. The administrator or executor is typically someone named in a will or appointed by the court to pay the final debts of the deceased person. An executor also must distribute the decedent’s remaining assets according to the law.
A lawsuit brought under this statute may be similar to a personal injury claim except that the person suffered losses is not able to file the suit, so a representative must submit it on their behalf with help from a wrongful death attorney in Marlborough.
Recoverable Damages
The estate may be awarded amounts to cover medical expenses, funeral expenses, and other just damages. Courts may also award damages to make up for lost earning capacity of the deceased, pain and suffering endured before death, and the loss of ability to enjoy life.
Damages recovered in a wrongful death claim go into the estate. Then these amounts are distributed according to the terms of the will or the laws of intestate succession that apply when someone dies without a will. A wrongful death attorney in Marlborough could evaluate the value of a claim and seek damages based on the circumstances of the accident.
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Contact a Marlborough Wrongful Death Attorney
A legal claim for damages after an untimely death provides a means to shift some of the burdens of loss off the shoulders of the deceased’s family by helping them recover and move forward after a painful bereavement. An experienced Marlborough wrongful death lawyer could review the circumstances of your family member’s death and explain your options for compensation. To learn how an attorney could help your family, call now for a free case consultation.
