The simplest way to determine if you have grounds for filing a wrongful death claim is to compare it with personal injuries. If the deceased person had survived the incident, could they file for an injury claim? If yes, then you can consider filing a wrongful death lawsuit.
Examples of grounds for filing include:
The primary consideration is the negligence of the other party. If not for them, there would be no incident.
Only the legal executor or administrator of the deceased person's estate can file a wrongful death claim. That is the person in charge of closing everything after a person’s passing.
Many times, the victim has not named an executor or administrator in their estate plan. The court can appoint someone when this happens.
A criminal act could be involved in the death of a loved one. If that is the case, a state or federal prosecutor can bring criminal charges against the same person or entity as your wrongful death claim.
That will not prevent you from filing a wrongful death lawsuit, even if both cases share the same facts and information. They can run in parallel with one another.
Every state has its rules about the statute of limitations for civil cases. In Connecticut, you have two years to file your claim. Beyond that, you lose the right to do so and will miss your chance to receive compensation and justice for your loved one.
There are exemptions that will extend the timeline for filing a wrongful death claim. There are cases where the act of negligence was not clear before and was only found at a later time. Another situation is when the victim does not pass immediately after the incident.
You have up to five years to file a claim using an exemption.
If you are successful in your wrongful death lawsuit, the court will order the defendant to pay for damages. The amount is determined based on:
Our goal is to help our clients navigate the complex process of filing a wrongful death claim. We start with reviewing the facts of the case and helping to conduct an investigation. We will create a case to be presented to the court based on the facts gathered.
Aside from doing all the paperwork, The Doctor Lawyer Team will also do the negotiation on your behalf with the other party.
If you have more questions regarding wrongful death or you want to have your case reviewed by one of our attorneys, call The Doctor Lawyer Team at (888) 565-7043. Book a free consultation today to know your legal options.
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