New Haven Wrongful Death Attorney
Losing a loved one is one of the toughest parts of life. Planning a funeral while dealing with mental and emotional pain can be extremely overwhelming. While the loss of a loved one is a great challenge, it is made even worse when another party has caused their death.
If you’ve lost a loved one at the hands of another, speak with a qualified wrongful death attorney. A lawyer can provide valuable insight and guidance to pursue the compensation you’re owed.
Reasons to Partner with Kennedy, Johnson, Schwab & Roberge
The wrongful death law firm of Kennedy, Johnson, Schwab & Roberge has over three decades of experience helping clients through some of life’s most challenging moments. We understand justice and compensation are the ultimate goals, but we also aim to handle each wrongful death case with the patience and compassion our clients need and deserve.
The wrongful death lawyers at our firm use their skills and tools to handle every case-related task in a proper and timely fashion. Our hard work and dedication have allowed us to obtain fair and beneficial outcomes for our clients.
Let us help you when you need it most. Contact us today to schedule a consultation.
Understanding Wrongful Death
When a victim suffers a wrongful death, it means their death resulted from another party’s wrongdoing. Whether intentional or negligent, the responsible party’s act or omission ultimately led to the victim's death. Without the party’s wrongful actions, the victim is unlikely to have passed away.
Wrongful death falls under the umbrella of personal injury law. Under personal injury law, a victim who suffers harm from a third party can pursue compensation for their losses. Because wrongful death cases end in the victim's death, the victim’s family is eligible to recover financially for their loss.
Common Causes of Wrongful Death
Wrongful death cases arise for many reasons, including many of the same causes of regular personal injury cases. The difference is that in a wrongful death claim, the victim is injured and passes away, leaving it up to the family to pursue justice and monetary recovery.
Some of the causes of wrongful death we commonly see in our cases include the following:
- Motor vehicle collisions, including car and truck accidents
- Workplace accidents
- Construction accidents
- Premises liability accidents
- Medical malpractice
- Defective products
Determining the cause of the victim’s death is critical in evaluating a wrongful death claim, as it can also have an impact upon the issue of liability. Your wrongful death attorney will conduct a thorough investigation into the cause of the victim’s passing to Proving Fault in a Wrongful Death Case
After determining the cause of the victim’s death, your lawyer will have more information regarding the liable party. Liability depends on the details of the victim’s death.
To prove fault, you must show the connection between the at-fault party’s wrongdoings and the victim’s death. Wrongful death claims are often a result of negligence but could also involve intent to harm.
Your wrongful death attorney will assert that the victim’s death could have been avoided if the liable party had acted reasonably and prudently. Simply put, your case will show that another party’s wrongful actions led to the victim’s death.
How your wrongful death lawyer will prove the defendant’s liability depends on your case. If your case rests upon a theory of negligence, for example, your attorney will need to satisfy the required elements of negligence: duty, breach, causation, and damages.
If your case rests upon other legal theories, like strict liability, your wrongful death attorney will tailor their approach to proving fault.
You can rely on your lawyer to request and obtain pertinent evidence to strengthen your claim and successfully show fault.
Recovering Compensation for a Wrongful Death
The untimely loss of a loved one can have a substantial negative impact on your finances. Therefore, if you’ve lost a loved one due to another party’s wrongful actions, you deserve to pursue compensation.
The damages you’re entitled to receive rely upon the details of your claim. You may be able to recover compensation for any of the following:
- Funeral and burial costs
- Medical expenses incurred before the victim’s passing
- The loss of the victim’s income and benefits
- Pain and suffering the victim experienced up until their death
- Loss of love, support, and companionship
Additionally, you may be awarded additional damages if the defendant’s actions were beyond negligence and instead were considered intentional or reckless.
Because obtaining full and fair financial recovery is so important, you can trust your wrongful death attorney to accurately calculate your damages and fight for your right to compensation.
Below are some of the most common questions regarding wrongful death claims. We’re also happy to address your personal questions and concerns during your consultation.
How it Works
Contingency Fees
At Kennedy, Johnson, Schwab & Roberge, P.C., we handle all Wrongful Death cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.
Schedule a free, confidential consultation with a skilled Connecticut personal injury lawyer today. Contact us online or call our New Haven law firm directly at 203-865-8430.
Questions
Wrongful Death FAQs
Who Can File a Wrongful Death Lawsuit in Connecticut?
The loss of an individual affects many of their loved ones, but not just anyone can file a wrongful death lawsuit. In Connecticut, only the victim’s personal representative can file a wrongful death lawsuit on behalf of the victim’s family.
A personal representative, also called an executor or administrator, handles another person’s estate after their passing. If the victim had an estate plan, they likely chose their personal representative in their will. However, if there is no estate plan, the probate court will appoint an executor.
While the personal representative is in charge of the wrongful death lawsuit, they handle the claim for the benefit of the victim’s family. Only certain individuals are allowed to recover compensation for the victim’s passing, such as spouses, children, parents, or others who were financially dependent on the victim.
How Do I Know Whether I Have a Valid Claim for Wrongful Death?
Generally, you may have a valid wrongful death claim if your loved one’s death was the result of another party’s misconduct. However, to get personalized legal advice and guidance, make sure to consult with a wrongful death law firm.
An experienced attorney will review the details of your situation to determine whether you have a claim and decide how to proceed with your lawsuit.
Is There a Time Limit on Filing Wrongful Death Lawsuits?
Yes, under Connecticut law, there is a strict time limit to file a wrongful death lawsuit.
The statute of limitations for wrongful death claims is two years from the date of the victim’s death. However, the law also states no action can be filed more than five years after the victim’s passing.
Waiting too long to take action after your loved one’s death can negatively affect your chances of ever receiving financial recovery. You'll forfeit your rights to compensation if you miss the time allotted to file your lawsuit.
Therefore, it’s imperative you request a consultation with a wrongful death law firm as quickly as possible. The sooner you bring your case to a wrongful death lawyer, the sooner they can begin working on your claim and avoid missing any critical deadlines.
Why Do I Need a Wrongful Death Attorney to Handle My Case?
Wrongful death cases can be particularly challenging to handle. There are many moving parts to a wrongful death lawsuit, and going at it alone can be stressful and daunting. Additionally, not having the right legal representation can be detrimental to the outcome of your case.
You only have one shot at filing your wrongful death lawsuit and seeking the financial recovery you deserve. For that reason, you want to give yourself the best shot at obtaining the most favorable result.
A wrongful death lawyer has the knowledge, experience, and resources necessary to competently handle your claim and fiercely pursue the compensation you’re owed for the loss of your loved one. Therefore, hiring a lawyer could be one of the most beneficial things you do for your case.
Consult with a Wrongful Death Attorney Today
We understand money can never replace your loved one, but it can help avoid undue financial distress. If you’ve lost a loved one at the hands of another party, do not wait to contact our wrongful death law firm and request a consultation. Contact us today.