What you need to know about wrongful death claims

What you need to know about wrongful death claims

| May 10, 2021 | Wrongful Death |

If you live in Connecticut and have lost a loved one due to someone else’s negligence, you may be entitled to seek damages in court. This is done by filing a wrongful death lawsuit. Here is what you need to know about these types of claims.

Who has standing to file a wrongful death lawsuit?

To be able to file a wrongful death lawsuit, you will need to have legal standing to do so. Each state has different laws about who is authorized to file a wrongful death lawsuit. This may include spouses, children or other surviving family members of the deceased person.  In order to file the lawsuit, the family member would need to be appointed by a probate court as administrator of the Estate of that person.  It is important to seek legal counsel to determine how to effectuate this.

What type of damages can the Estate obtain?

A wrongful death lawsuit allows the Estate of the deceased person to claim different types of damages. These include damages for medical bills and burial expenses, lost wages, and pain and suffering. Some states even allow the Estate to obtain punitive damages to punish the party that was negligent.  In addition, the deceased person’s spouse may be entitled to compensation for the loss of his or her relationship with that person.  This is called loss of consortium.  A competent Connecticut wrongful death attorney can assist with determining what the Estate may be entitled to. In addition, that attorney can inform you of what your state’s statute of limitations — or deadline — is for wrongful death claims.

A wrongful death in the family can be devastating.  If you believe your loved one died due to someone else’s negligent conduct, you will need to investigate whether to file a wrongful death lawsuit.  Contacting a lawyer who specializes in this field will ensure that the interests of the Estate of your loved one are protected.