Experiencing grief due to the loss of a loved one does more than break our hearts; it also causes changes in our brains that affect our memory, concentration, decision-making, and more. Losing someone too soon can throw someone’s life into complete turmoil.
Surviving family members may file a wrongful death lawsuit if someone died due to another’s negligent or wrongful actions. Here’s what you need to know about wrongful death laws in Hartford, Connecticut, including who can file.
What Is a Wrongful Death?
A wrongful death relates to an incident where someone dies and an entity or individual is to blame due to their wrongful, intentional, or negligent actions. Examples include medical malpractice, defective products, workplace accidents, vehicle crashes, etc.
To prove wrongful death, lawyers need certain evidence and must prove the following:
- The defendant had a duty of care to the deceased
- They breached that duty in some way
- That action caused the death
- The surviving family members have suffered damages
To file a lawsuit and prove the accused is guilty, you’ll need a wrongful death attorney. They understand Connecticut’s laws on the subject and can gather evidence to prove guilt beyond a reasonable doubt.
Who Can File a Wrongful Death Lawsuit?
In Connecticut, only the executor or administrator of the estate can file a lawful death lawsuit. The estate administrator is the deceased’s appointed legal representative. An executor may be an attorney or someone named in the will. They can also be a spouse or another family member.
They may seek damages such as the cost of reasonably necessary hospital or medical services, funeral expenses, etc.
The duties of an estate administrator include collecting the deceased’s assets, paying creditors, and distributing assets to beneficiaries.
If the deceased had no will or estate plan, the court can appoint an administrator or executor. They may also do so if the current appointed individual cannot perform their duties.
The Statute of Limitations
A wrongful death lawyer will tell you that there is a deadline for filing this lawsuit.
The statute of limitations varies by state. In Connecticut, you must file a wrongful death claim within two years of the person’s date of death. If you wait too long, you’ll no longer have the right to file a wrongful death claim, and you can’t receive compensation.
Of course, there are a few exceptions. For instance, you may not know about an act of negligence until much later. Additionally, a negligent act may not cause someone to die right away.
Medical errors are the third-leading cause of death in the United States. However, coroners, physicians, medical examiners, etc., rarely note human errors. People may not realize right away that the cause of death was due to an error in care or judgment.
Overcoming Grief Isn’t Easy
Although overcoming grief after losing a loved one is no easy process, receiving some compensation for a wrongful death case may help ease some financial burdens that occurred from the loss.
Would you like to discuss your case and file a wrongful death lawsuit here in Hartford, Connecticut? Contact us to learn about your options today.