A death is considered wrongful when it results from another person’s negligent or reckless acts. Losing a loved one can be difficult under any scenario, but it is especially painful to learn that their passing was due to an avoidable act. The surviving relatives of the deceased can face extensive emotional and financial trauma that impacts them for the rest of their lives. If you have lost a family member due to negligence, the estate of the deceased may have a viable case it can pursue for compensation. A Stamford wrongful death attorney from Slager Madry is here to advocate for you. We can answer your questions and help you understand your rights during this difficult time.

Who Can File a Wrongful Death Action in Stamford?

In some ways, it is helpful to consider a wrongful death action as a personal injury lawsuit for the victim, a case that the victim was unable to file due to their passing. In Connecticut, the right to pursue wrongful death claims falls to an executor or administrator of the decedent’s estate and a wrongful death claim is brought on behalf of the estate of the person who died. In Connecticut, a probate court appoints the party who is authorized to act for the Estate of someone who has died. The judge will generally appoint a person named in the will if one exists or another close family member is often appointed if there is no will.

This approach differs from many other states in that it allows family members to file a lawsuit on their own when a loved one dies. While the relatives of the deceased do not have the right to file their own action, they may still be entitled to the proceeds of the Estate’s lawsuit. A loved one is the most likely person to be asked to serve as an executor or administrator of a family member’s estate.

Who is Entitled to the Proceeds of a Wrongful Death Lawsuit?

The representative of the estate is the only person with the power to file a wrongful death action, but the proceeds of a successful lawsuit can be spread among many beneficiaries.

The ability to recover compensation generally falls to two different groups. First, the estate itself is entitled to some of these proceeds. It has the right to recover damages based on any reasonably necessary medical care at the end of the decedent’s life. The cost of the funeral and burial is also included. Any damages that the decedent would have recovered if they had been able to file a personal injury lawsuit are also included, like their pain and suffering at the end of their life.

Once the estate pays off any obligations, the proceeds of these funds will be distributed to the estate’s heirs. How this money is divided depends on whether or not a will was in place at the time of the decedent’s passing. If no will exists, Connecticut law states how the proceeds should be distributed to the heirs of a loved one who has died.

The second category of people entitled to recover from a wrongful death action includes the deceased party’s spouse. They have the right to recover damages based on the loss of affection, moral support, and companionship of their partner. Minor children under the age of 18 in Connecticut also have the right to seek compensation based on the loss of love and affection.

The Statute of Limitations in Wrongful Death Cases

Wrongful death lawsuits must comply with the statute of limitations, which is a legal deadline that applies to every civil case filed in Stamford. The purpose of the statute of limitations is to prevent lengthy delays between a person’s death and the resulting legal action.

Compliance with the statute is crucial. If you file your case after the deadline expires, the court will likely dismiss it with prejudice. This serves as a permanent bar for ever recovering compensation due to your loved one’s untimely death.

Under Connecticut law, a plaintiff generally has two years from the date of their loved one’s passing to file a wrongful death action. However, there is an additional requirement to consider: The law also requires any lawsuit to be filed within five years of the incident that led to the fatal injury or illness, and this limite applies even if the death happens more than five years later. In other words, these limitations apply when a person survives for months or years until eventually succumbing to their wounds.

Common Types of Wrongful Death Cases in Stamford

There are any number of circumstances that could result in a wrongful death. Fatal injuries or illnesses can occur at the hands of careless motorists, manufacturers, or medical professionals. A Stamford wrongful death attorney can pursue a wrongful death case in any of the following scenarios.

Medical Malpractice

When doctors and nurses make mistakes, the consequences can be life-altering. For example, a doctor’s failure to diagnose cancer or some other serious illness in a reasonable amount of time could turn a treatable condition into a fatal one.

Vehicle Accidents

Collisions involving motor vehicles—particularly commercial and semi trucks—have the potential to cause fatal injuries. The impact generated by two or more vehicles colliding is tremendous, even when traveling at relatively low speeds.

Product Liability Cases

Some fatal injuries and illnesses occur as a result of a defective product. This might include anything from a kitchen appliance that catches fire to industrial cleaning supplies that result in severe illnesses. If a company is responsible for selling a defective product, it could be liable for any harm it causes.

Premises Liability Accidents

In some cases, a fatal injury will occur due to a hazard on another person’s property. Some common examples include swimming pool injuries, exposure to electrical wires, or falls. If a property owner failed to take reasonable steps to protect a visitor from harm, they could be liable for their death.

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Learn How a Stamford Wrongful Death Attorney from Slager Madry LLC Can Help

There are few things in life more difficult than the unexpected death of a close family member. If your loved one passed away due to another person’s negligence, you might have a case for compensation. No amount of money can bring them back, but a financial settlement could ease the strain for those who depended on your family member. A Stamford wrongful death attorney from Slager Madry understands what it means to lose someone. We are here to provide you with compassionate legal counsel every step of the way. Contact us right away for a free consultation.