Receiving the news that a family member has passed can be a shocking event, especially if the individual died unexpectedly for reasons that could have been avoided. Speak with a Monroe wrongful death lawyer if you believe your family member died due to another person’s or entity’s negligence. Your family could be entitled to damages to help compensate for its financial losses and provide monetary assistance in the future. A skilled personal injury attorney can make this difficult time a little easier by handling the legal aspects so you have time to grieve. You can trust Attorney George W. Ganim, Jr. to seek and obtain maximum compensation for the loss you and your family have suffered.
What Accidents Typically Result in Wrongful Death Claims?
According to Connecticut General Statutes 925 § 52-555, a family member can file a wrongful death claim against individuals and entities if their loved one’s injuries resulted in death. Negligence, recklessness and intentional actions can all result in an individual’s untimely passing that requires an attorney’s assistance. Some of the most common examples of such cases include:
- Fatal auto accidents
- Fatal motorcycle or bicycle accidents
- Medical malpractice
- Defective products
- Unsafe premises
- Worksite accidents
- Toxic exposure
Surviving family members in these cases have two years from the date of death to file a lawsuit according to CGS § 52-555c. Filings can sometimes occur after the two-year deadline due to extenuating circumstances; however, no wrongful death claim will be accepted in court after five years. Speak to a local wrongful death lawyer to confirm when the statute of limitations is for your specific situation.
Who Can File a Negligence or Intentional Tort-Related Claim in Connecticut?
While many states allow surviving family members such as partners, parents, children and siblings to file wrongful death claims, Connecticut requires the administrator or executor of the deceased individual’s estate to make the claim. If the loved one did not have an executor or administrator at the time of their unexpected death, a court-appointed individual will become responsible for filing and performing other estate-related duties. That court-appointed individual will more than likely be a family member. Your attorney can help you process the necessary documents with the Probate Court for the appointment of an executor or administrator of your loved one’s estate. The executor or administrator can then work with Attorney Ganim to move forward with the legal process.
The administrator or executor has the right to request a variety of damages on behalf of surviving family members, including emergency care and medical expenses, funeral and burial costs and loss of income. These economic damages have specific monetary amounts attached to them. Non-economic damages also apply to accidental death cases, such as pain and suffering, loss of companionship and emotional anguish.
If the sudden passing was due to a fatal car accident, the administrator or executor can request double or treble damages according to CGS § 14-295. Double or treble damages eligibility requires the at-fault driver to have deliberately violated or recklessly disregarded traffic laws that played a substantial role in the loved one’s death. A Monroe accidental death attorney can provide insight as to whether these punitive damages can be pursued.
Is a Wrongful Death Lawsuit Different from a Survival Action Lawsuit?
While a wrongful death case involves recovering damages related to the death of the loved one, a survival action addresses the decadent’s estate. Compensation that is recovered in a survival action will get added to the deceased person’s estate. As with wrongful death suits, an administrator must file survival actions, usually with an attorney’s assistance.
Contact a Monroe Wrongful Death Lawyer About Your Loved One’s Case
If a family member passed away suddenly due to another person’s negligence or carelessness, reach out to a Monroe wrongful death lawyer. Attorney George W. Ganim, Jr. can work with you through every part of this difficult process. Contact us today to learn how we can assist your family during this painful time.