Wrongful death occurs when a person dies due to the negligence or misconduct of another individual or entity. Damages sought in a civil suit aim to compensate the deceased person’s estate and their surviving family members for the losses they have suffered. These damages can cover medical expenses, funeral costs, lost wages and the pain and suffering experienced by the deceased before their death.
In Connecticut, only the executor or administrator of the deceased person’s estate can file a wrongful death claim. This representative is responsible for seeking compensation on behalf of the estate and distributing any awarded damages to the rightful beneficiaries. The estate must file a claim within two years from the date of death, per the state’s statute of limitations.
It’s a step-by-step process
Filing a wrongful death claim in Connecticut involves several legal steps. Here’s a general outline of the process:
- Appoint a legal representative: The first step is to appoint a legal representative for the deceased’s estate. This is usually the executor named in the deceased’s will. If there is no will, the probate court will appoint an administrator.
- Hire an attorney: The representative can then contact a personal injury attorney who handles wrongful death cases.
- Gather evidence: Collect all necessary evidence to support the claim. This includes medical records, accident reports, witness statements and any other documentation that can establish the cause of death and the defendant’s liability.
- File the claim: The legal representative must file the wrongful death claim in the appropriate court. This involves drafting and submitting a complaint that outlines the facts of the case, the legal basis for the claim and the damages sought.
- Serve the defendant: Once the estate files the claim, it must formally notify the defendant through a process called “service of process,” which ensures the defendant is aware of the lawsuit and has an opportunity to respond.
- Discovery phase: Both parties will engage in the discovery process, which includes exchanging information and evidence related to the case. It can consist of depositions, interrogatories, and requests for documents.
- Negotiation and settlement: Wrongful death cases are often settled out of court. The parties may negotiate a fair settlement to avoid a lengthy trial. If the parties settle, the case is resolved.
- Trial: If the parties don’t settle, the case goes to trial. Both sides will present their evidence and arguments, and a judge or jury decides the outcome.
- Award and distribution of damages: If the court rules in favor of the plaintiff, it awards damages. The legal representative is responsible for distributing these damages to the rightful beneficiaries according to the court’s instructions.
Depending upon the details of the case, this process can take months, a year or more.
Guidance will be necessary
It’s essential to consult with an experienced wrongful death attorney to navigate this complex process and ensure the plaintiff meets all legal requirements. They offer legal knowledge and strategic guidance that helps secure the best possible outcome for the deceased’s estate and their loved ones.
