Essex & Deep River, Connecticut, Wrongful Death Attorney

Losing a loved one in an accident is a painful experience. The sudden shock of the loss may be accompanied by intense emotions and a desire for accountability. If your loved one was a spouse or other member of your family who contributed significantly to your household, you may also face unexpected financial stress.

If your loved one was killed as the result of someone else’s negligence, you may have grounds to file a wrongful death claim against the responsible party. While this won’t restore a sense of wholeness to your family or reverse the outcome of the accident, recovering compensation can help ease the financial burden and provide a much-needed sense of closure following an unexpected and tragic loss.

Holth & Kollman, LLC, represents bereaved families in need of strong legal representation after the death of a loved one. We’re committed to securing positive outcomes and helping our clients through every step of their legal battle. Contact us today for a free legal consultation with an experienced and knowledgeable wrongful death lawyer serving Deep River, Connecticut.

What Is Wrongful Death?

Wrongful death occurs when someone fails in their responsibility to avoid causing an accident or injury, and a person dies as a result. Some of the situations that can result in wrongful death include: 
Bicycle accidents
Pedestrian accidents
Premises liability cases
Workplace accidents
Violent crime
Defective product cases
Medical malpractice cases
In these cases, one party had a responsibility to another, and their failure to uphold that responsibility led to someone else’s death through no fault of their own. Their survivors have the right to pursue compensation claims against the responsible party. In some of these types of cases, successfully recovering compensation requires the survivors’ fatal accident attorney serving Deep River, Connecticut, to prove that:
Someone acted with negligence or intent.
Their actions directly caused your loved one’s death.
The death resulted in actual losses.
Your fatal accident attorney will evaluate the evidence of the incident that caused the death of your loved one to identify all liable parties as well as to determine what must be proven to obtain compensation in your circumstances.

Who May Be Liable in a Wrongful Death Case?

The identity of the liable party depends on the unique facts of the incident in which your loved one was killed. In some cases, there may be more than one liable party.

For example, if your loved one died in an accident caused by the driver of another motor vehicle, that driver could be liable for their death. In multi-vehicle collisions, more than one driver may be at fault. If the accident involved a commercial vehicle, the driver, their employer, the vehicle’s owner, and a variety of other parties may share liability.

In premises liability cases, meanwhile, the owner of the property on which your loved one suffered their fatal injuries could be liable if a hazardous condition on their property caused the death, and the property owner should have known about and remedied the condition or warned visitors about it. In cases of medical malpractice, a doctor or other medical professional may be liable. Their employer or the hospital may also be liable. In defective product cases, the manufacturer of the product is typically considered liable if a defect in the product injures or kills someone.

Wrongful death cases may be much more complex than they initially seem. An experienced attorney who can thoroughly investigate the case will identify all liable parties.

What Damages Can Be Claimed in a Wrongful Death Suit?

The compensation a wrongful death law firm serving Deep River, Connecticut, may pursue on your behalf will represent both tangible and intangible losses resulting from your loved one’s death. Some of the losses for which your attorney may pursue compensation include:
Medical expenses incurred between your loved one’s injuries and their death
Funeral and burial costs
Your loved one’s pain and suffering
Loss of the deceased’s ability to enjoy their life’s activities
Lost income
Lost benefits
Loss of companionship
In some cases, your attorney may seek punitive damages if the action of the liable party was especially reckless.
Every wrongful death case is unique because the nature of every loss is unique to the individual who passed away and their relationship with their surviving family members. An experienced wrongful death lawyer can help you maximize your claim and pursue the compensation your family deserves.

Who Can Bring a Wrongful Death Claim in Connecticut?

In Connecticut, the executor of your loved one’s estate may file a wrongful death claim against the liable party. This person is named in your loved one’s will and is responsible for handling the administration of their estate.

If your loved one died and did not have a will in place, the court will appoint an administrator to oversee the settling of your loved one’s affairs, including filing a wrongful death claim if your loved one’s death resulted from negligent or intentional action. Typically, if your loved one has a surviving spouse, the spouse will serve as the administrator. If there is no surviving spouse or a surviving child, or if your loved one had no children, a surviving parent will serve.

If your loved one had no immediate survivors, the court will appoint another party to serve as administrator of their estate. 

Who Receives Compensation in a Wrongful Death Claim?

Although only the executor or administrator of the deceased’s estate may pursue compensation for wrongful death through civil litigation, multiple parties may receive any compensation awarded in a wrongful death claim.

While compensation for wrongful death is typically awarded according to the wishes of the deceased as outlined in their will, the court may make exceptions in order to provide for anyone who was dependent upon the deceased, such as a surviving spouse and minor children. 

The distribution of compensation recovered in your Deep River, Connecticut, wrongful death lawsuit will ultimately depend on the specific circumstances, including whether or not your loved one had a will and whether they were survived by a spouse, children, or both. Your attorney can explain how the law applies in your circumstances and what different parties’ shares of the compensation are likely to be.

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What Is the Deadline for Filing a Wrongful Death Lawsuit in Connecticut?

In most cases in Deep River, Connecticut, you have two years from the date of your loved one’s death to file a wrongful death lawsuit and initiate court proceedings against the liable party. In situations in which your loved one doesn’t die right away or the details surrounding the incident aren’t immediately clear, you have five years from the date of the incident that caused their death to file a lawsuit.

It’s critical that you contact an attorney as soon as possible to initiate a wrongful death claim. These cases are complex, and your lawyer needs time to conduct an investigation and prepare your case before the legal deadline passes. You’ll lose your right to pursue compensation in court if you don’t file on time.

Contact a Deep River, Connecticut, Wrongful Death Law Firm Today

If you recently experienced the death of a loved one due to someone else’s wrongdoing, the team at Holth & Kollman, LLC, can help you pursue the justice you and your family deserve. We have over 45 years of experience providing local community support through honest and dedicated legal services. We’re committed to helping your family recover the compensation that will allow you to move forward following a tragic and unexpected loss.

At Holth & Kollman, LLC, our firm helps those searching for a fatal injury lawyer serving Deep River, Connecticut. Contact us today to arrange a free consultation and discuss your situation to learn more about your legal rights and options.