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Cheshire Wrongful Death Attorney

If you have lost a family member and the wrongful actions of another party caused the death of your loved one, you may have a wrongful death case, and you may be eligible for compensation for the medical expenses and emotional damages that came as a result. Speaking to a Cheshire wrongful death lawyer is the first step in seeking justice and obtaining compensation for your financial losses.

Loughlin FitzGerald, P.C., is a dedicated law firm that offers tailored legal counsel to Cheshire and surrounding communities. We want justice to be served, and we work hard to protect our clients’ rights and advocate for their needs using our decades of collective experience.

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Wrongful Death in Connecticut

In Connecticut, wrongful death occurs when another party’s neglectful action causes the death of another party. Filing a wrongful death claim in Connecticut is quite different from other states. According to Connecticut state law, a wrongful death claim can only be filed by the executor of the victim’s last will and testament or the administrator of the victim’s estate. Wrongful death claims cannot be filed by family members or other loved ones directly.

Causes of Cheshire Wrongful Death

There are countless ways in which someone’s negligent behavior can cause the wrongful death of another party, but many similar accidents cause wrongful deaths over and over again. Some of the most common causes of wrongful death claims are described below.

Car accidents: Car accidents are one of the most common causes of wrongful death claims in Connecticut. In 2023, there were over 300 deaths that occurred on Connecticut roadways, many of which could have been prevented.
Pedestrian accidents: Pedestrian fatalities are an increasingly common cause of wrongful death claims, especially in urban areas. Drivers who fail to yield, speed through crosswalks, or drive distracted often cause fatal pedestrian collisions, leaving families to seek justice through a wrongful death lawsuit.
Medical malpractice: Medical malpractice frequently results in wrongful death claims as well. From a report that documented closed medical malpractice claims from 2018 through 2022, of the claims from those five years that culminated with an indemnity payment, 29% involved the death of the injured party.
Workplace deaths: Workplace deaths are also not unusual, especially in occupations such as construction, manufacturing, and transportation, which involve heavy machinery and risky workplace conditions. The US Bureau of Labor Statistics reported that 34 workplace deaths occurred in Connecticut in 2022, with the majority of these fatalities, 35%, being transportation incidents.
Premises Liability: It is the legal responsibility of a property owner to maintain their property in a way that is safe for others. In some cases, when someone dies on another person’s property, it is the negligence of the property owner that leads to the death of the other party. In these instances, the property owner is often held liable for the wrongful death. Failure to secure a swimming pool and other kinds of structural failures are examples cited in wrongful death cases.

Compensation for Cheshire Wrongful Death Damages

Connecticut law defines damages eligible for compensation in wrongful death claims as economic damages. Families of wrongful death victims can receive settlements for economic damages, such as medical expenses that accumulated prior to death, funeral expenses, and lost wages.

Statute of Limitations for Cheshire Wrongful Death Claims

The statute of limitations in Connecticut for filing a wrongful death claim is two years from the date of the death. This may seem like a long time, but waiting too long can be detrimental to the success and even the possibility of a wrongful death case. Ideally, you should contact a Cheshire wrongful death lawyer as soon as possible to make sure you get everything processed in probate court, as well as file the claim, before the time limit runs out.

FAQs

Q: What Are the Odds of Winning a Wrongful Death Lawsuit?

A: Wrongful death cases vary in such detail that it is difficult to determine the odds of winning versus the odds of being denied. However, there are some things that can improve your chances of getting a claim accepted, such as collecting evidence to support your claim, having professional testimony to back up your points of wrongful death, and having a high-quality legal team who can represent you, advocate for you, and protect your rights.

Q: What Is the Most You Can Recover for a Wrongful Death?

A: Cheshire, Connecticut does not put any caps on the amount of economic damages someone can claim for the negligent death of a loved one. However, any amount that is claimed must be warranted in the death of the victim. In other words, there must be reasonable evidence to support any amount of damages that exceeds an expected amount for a settlement.

Q: How Do You Beat a Wrongful Death Lawsuit?

A: To win a wrongful death case that is brought against you, the defendant must prove that they did not breach a duty of care for the victim and that the victim’s death was not caused by a breach of duty of care on the defendant’s part. They may also prove they did not owe a duty of care to the victim or that the death was due to reasons unrelated to the defendant or the defendant’s negligent actions or property.

Q: What Evidence Should Be Admitted in a Wrongful Death Suit?

A: Evidence that should be submitted in a wrongful death case should support the claim that the defendant had a duty of care, breached that duty, which resulted in the death of the victim, and accrued damages as a result of the defendant’s negligence. It is important to include such evidence as testimony of professional opinion, eyewitness accounts, medical records, medical receipts, the death certificate, and anything that can prove the causation of the death.

Start Here: Call a Cheshire Wrongful Death Lawyer

If you don’t know where to start, start here. Call Loughlin FitzGerald, P.C., toll-free at (203) 265-2035, or contact us online. We can listen to the facts of your loved one’s untimely death, discuss your options, and begin your wrongful death case within an initial consultation.

Our legal team is dedicated to helping our clients win their cases. We take pride in being hospitable, compassionate, and conveniently available for our countless satisfied clients, and we want to be your Cheshire wrongful death lawyer, too.

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