The death of a loved one is a devastating event in any circumstances, but when it results from someone else’s careless or reckless actions, the anger and pain can be unbearable. Grieving family members have the right to hold the negligent party accountable.
If your loved one died in an accident that resulted from someone else’s negligence, a Fairfield wrongful death lawyer can help you seek justice. Personal injury attorney George W. Ganim, Jr. can pursue a case on your behalf and compel the negligent party to pay compensation for the harm that they caused.
If someone unfortunately dies from injuries they suffered in an accident, the party whose negligence caused or contributed to the accident can be held liable. The death does not need to have been the result of an intentional act. Negligence, which means a lack of reasonable care, could be the basis of a wrongful death action.
A local wrongful death attorney can review the circumstances of a loved one’s death and determine whether the facts support bringing a wrongful death claim. Such claims or lawsuits might arise from the following types of incidents, to name a few:
Although compensation awarded in a wrongful death lawsuit goes to the heirs of the decedent, the heirs cannot bring the suit on their own behalf. A representative of the decedent’s estate, the fiduciary, must be the plaintiff. The fiduciary of the estate can also be an heir of the estate. If the decedent left a Will, then the decedent more than likely would have designated an executor or fiduciary of the estate. If the decedent did not leave a Will, then the Probate Court will appoint an administrator or fiduciary of the estate. The fiduciary oversees the estate and carries out the intentions of the decedent. The fiduciary is also the designated person to bring a wrongful death claim or lawsuit on behalf of the estate.
A plaintiff must file a wrongful death lawsuit within two years of the decedent’s death. There are certain exceptions to that statute, however the exact timeframe depends on the particular situation. Attorney Ganim can help determine the statute of limitations and keep track of it so that you do not miss out on this critical deadline.
The purpose of filing a lawsuit for compensation is to help cover the losses related to the accident and unfortunate loss of a loved one. Although money cannot eliminate grief, it can help a family adjust to the loss of their loved one’s financial contribution to the family.
The money that is secured in a lawsuit can help with the funeral costs and medical expenses related to the fatal injuries. If the decedent was employed, the family could seek compensation for the income the decedent would have earned during his or her lifetime. The decedent’s heir would also be entitled to compensation for their loved one’s pain, suffering, and lost opportunity to enjoy life. If the decedent was married, their spouse could receive damages for loss of consortium.
A Fairfield accidental death lawyer can review the circumstances of a fatal accident and determine whether seeking enhanced damages is appropriate. If the decedent died of injuries received in an accident that resulted from another person driving recklessly, at excessive speed, under the influence or in violation of several other traffic laws, punitive damages could be available. Connecticut General Statutes § 14-295 allows for double or triple the amount of compensation in such a case.
If your loved one died because of someone else’s negligence, carelessness or recklessness, you deserve the satisfaction of holding the at-fault party accountable. Bringing a lawsuit seeking monetary compensation might be one way to work through your grief and move forward after the loss. A Fairfield wrongful death lawyer understands what you need and what you are going through. Make an appointment with Attorney George W. Ganim, Jr., who will fight for you and the memory of your loved one.