State laws allow a deceased individual’s estate to obtain compensation if this person died due to the negligence of another person or entity.
Wrongful death cases differ from other personal injury cases in various respects, especially when it comes to the issue of damages. As a result, retaining the services of an experienced Bridgeport wrongful death lawyer who understands the law and your rights to compensation can be highly beneficial.
Connecticut General Statutes §52-555 provides for wrongful death claims when a third party has negligently caused the death of an individual.
It is incumbent upon your legal counsel to take the necessary steps to open an estate in the Probate Court in order to be able to legally act on behalf of your deceased love one. Upon the filing of the necessary documents, the Probate Court must appoint an executor or administrator for the estate of the deceased. If the deceased person left a Will, then it should contain the name of the person the decedent designated to act as executor of his or her estate. If there is no Will, the Probate Court will then select a family member, attorney or another person to serve as administrator.
The appropriate Probate Court for opening an estate depends on the residence of the deceased persons at the time of their passing.
Even though surviving family members typically are the beneficiary of any settlement or damages award, the law still requires that the administrator or executor of the estate act as the initiating party for these claims.
Upon the opening of an estate the executor or administrator may then proceed to move forward with making a claim and if necessary file a lawsuit for the death of the decedent. The location of the lawsuit could be in the jurisdiction of where the decedent last resided or the jurisdiction of where the death occurred.
Once the parties settle with the insurance company or obtain an award of damages, the case reverts to Probate Court to finalize the estate of the deceased person.
Enlisting an experienced lawyer in Bridgeport who can navigate both probate and wrongful death proceedings is important to achieving a successful claim.
Damages in a wrongful death claim are different from those in most other personal injury cases. Not only can the executor or administrator of the estate seek damages for the loss of life, but they also may be able to seek damages for the following:
With the help of an experienced local attorney such as Attorney George W. Ganim, Jr., loved ones may be able to obtain compensation in a wrongful death claim that helps ease their new financial situation and rebuild their lives.
Connecticut’s wrongful death statute includes both a statute of limitations and a statute of repose. A statute of limitations is a time limit that begins as soon as the death occurs. An estate administrator has two years from the date of death to file a lawsuit in court.
A statute of repose extends the statute of limitations in specific circumstances. This statute typically applies when people are involved in severe accidents, but do not pass away until quite some time after the date of their accidents. Due to the statute of repose, estate administrators cannot file a claim any later than five years after the accident occurs, even if the death occurred after this time frame.
Deadly incidents can arise in various situations, from motor vehicle accidents to medical malpractice. If the negligent, reckless, or intentional conduct of others caused the death of your loved one, you and other surviving family members may be able to seek compensation. A Bridgeport wrongful death lawyer could assist grieving families through this process and handle the legal aspects of their claims on their behalf.
The untimely loss of a loved one is an event that permanently alters your life. Although no compensation can truly make up for your losses, holding the persons or entities to responsible may help you achieve justice. Contact Attorney George W. Ganim, Jr. for a free consultation today.