Connecticut Wrongful Death Lawyer

Losing a loved one in a sudden accident is a devastating experience for the surviving family members and friends. Finding out that their death was avoidable and only happened because of someone else’s negligent or willful misconduct only adds to the feelings of confusion, anger, and grief.

If you lost a family member due to someone else’s negligence, you need to contact a Connecticut wrongful death lawyer as soon as possible. At Dehghani and Associates, LLC, our wrongful death lawyers have handled numerous wrongful death cases since our law firm was established in 1999, so we have seen first-hand the impact that these tragedies have on families. There is often a serious financial fallout in the weeks and months following a tragic wrongful death, and a lawyer can help you avoid it.

While there is nothing anyone can do to bring back your loved one, Connecticut’s personal injury laws make it possible for you to pursue financial compensation and bring the at-fault party to account.

When someone’s death was due to another person’s negligent or unlawful actions, certain surviving family members are eligible to file a wrongful death lawsuit. These lawsuits offer a feeling of closure to families and can help ensure that they do not have to struggle financially as they try to move on after their loss.

The Connecticut wrongful death lawyers at Dehghani and Associates, LLC work diligently to get maximum compensation for our clients and their families. Our legal team will help you through each stage of your personal injury claim, handle all legal aspects of your case, and offer much-needed emotional support. We will fight to make sure your rights are protected and make sure you understand all the legal options that are available to you.

Call us or reach out through our website to schedule your free consultation today.

What Is a Wrongful Death?

While no one deserves to endure the untimely death of a loved one, wrongful deaths can and do happen. Immediately following these tragic accidents, a lot of people have questions.

Some Connecticut wrongful death cases are built around an act of malice. Someone compelled to injure your loved one did so, inflicting an injury that eventually led to their wrongful death.

More commonly, wrongful death cases center around the legal theory of negligence. For instance, if a driver caused an accident after recklessly running a red light or a property owner failed to maintain their premises in a reasonably safe condition, causing someone to sustain a fatal injury, it is considered a wrongful death. Do not allow someone else's negligence or maliciousness to go unpunished. Hire an experienced wrongful death attorney to hold them accountable for the hurt they have caused your family.

Common Causes of Wrongful Death Cases

Most people are not overly familiar with how wrongful death cases work. In fact, many clients we talk to are unsure if what happened to their loved one even qualifies as wrongful death.

To shed some light on this often complex issue, some common causes of wrongful deaths in Connecticut are:

Medical Malpractice

A wrongful death can occur when a healthcare professional makes a mistake in their treatment of a patient. If a doctor, nurse, medic, or other medical professional fails to meet the accepted medical standard of care and it leads to the death of a patient, they could be guilty of medical malpractice, and by extension, wrongful death.

A Motor Vehicle Accident

If your family member died from an injury they sustained in a car accident they did not cause, you may have a case for wrongful death.

Your Connecticut wrongful death attorney accident lawyer will need to prove that the other driver was negligent, and since Connecticut follows the comparative fault doctrine, they will also have to show that the other driver is more than 50% liable for the accident if you plan on pursuing compensation. Connecticut law only allows defendants to be held liable for their percentage of fault which could decrease the compensation you receive in a wrongful death suit.

Before you file a Connecticut wrongful death claim, you need to make sure you are working with experienced personal injury lawyers. Plaintiffs who try to handle a wrongful death case on their own typically have a very difficult time effectively proving the defendant was at fault for the accident.

A Criminal Act

In some cases, a wrongful death was the result of a crime. For instance, after a disagreement at a bar gets out of hand, your relative is physically assaulted by another patron. During the attack, your family member sustained a serious injury that eventually led to their death.

You can file a civil lawsuit against the defendant while also holding them responsible for a crime. This is commonplace in wrongful death claims because civil courts require a lower burden of proof that is often satisfied by criminal proceedings. Sometimes, a criminal case and a civil wrongful death case take place simultaneously.

Product Liability

Product liability becomes an issue when a manufacturer puts a defective product on the open market. Prescription drugs and medical devices are frequent subjects of product liability suits but any product that poses a danger to the public when used as intended would fall under product liability.

Commercial Freight Companies

Trucking companies can be held liable for an accident if their driver violates safety regulations, such as keeping inaccurate logbooks, speeding, failing to properly maintain their vehicle, and violating the Hours of Service rule.

Vehicle or Parts Manufacturers

Defective vehicle parts are an offshoot of product liability. Manufacturers are responsible for making sure their vehicles and their components function safely and properly. If a defective vehicle or vehicle part causes an injury that results in a fatality, such as defective brakes or a faulty airbag, the manufacturer could be liable.

Additional Causes of Wrongful Deaths

Some other common causes of Connecticut wrongful deaths are:

• Bicycle accidents
• Motorcycle accidents
• Dog attacks
• Birth injuries
• Defective products
• Construction accidents
• Workplace accidents
• Drowning accidents
• Nursing home abuse
• Pedestrian accidents

Essentially, anytime one person’s failure to exercise due care contributes to the death of another, they can most likely be held responsible via a wrongful death claim.

The Connecticut wrongful death attorneys at Dehghani and Associates, LLC know every case is unique and occurs under an entirely different set of circumstances. Our attorneys have the knowledge, resources, and skills to overcome the complex challenges often presented by wrongful death claims.

Steps to Take Following a Wrongful Death Accident

Taking prompt action after the wrongful death of a loved one is crucial to the outcome of your case. By dealing with certain matters as quickly as possible, families can make the filing process much easier. Moving faster helps ensure evidence is fresh and preserved. Some important steps to take after the wrongful death of a family member are:

• Collect Evidence From the Scene: Since your loved one is unable to do so, there may be cases where it would help to visit the scene of the accident and look for potential evidence. Take videos and pictures of the scene and try to find any bystanders who witnessed the incident. Every piece of relevant evidence you gather will serve to strengthen your lawsuit.
• Track Down All Official Documents: You can further strengthen your case by getting copies of important documents pertaining to your family member’s accident and medical care. Your focus should be mainly on the police accident report and any medical documents associated with their treatment as these will be the most critical to the success of your case.
• Hire a Connecticut Wrongful Death Lawyer: Most importantly, you need to work with a reputable personal injury law firm if you wish to successfully recover compensation on behalf of your deceased loved one. Wrongful death lawsuits are complex, and yours will only benefit from the help of a qualified professional.

Who is Eligible to File a Wrongful Death Lawsuit in Connecticut?

Since a wrongful death claim is a claim for injuries leading to death, a wrongful death claim is usually brought against an individual, manufacturer, company, or some other entity whose misconduct or negligence brought about the death of another.

With the help of a skilled wrongful death lawyer, certain people connected to the deceased person can file a wrongful death suit. Since this type of lawsuit pursues financial compensation as opposed to criminal penalties, only immediate family members of the deceased are eligible to file a claim.

Connecticut law says that a probate court will approve a fiduciary named in the will to represent the deceased’s estate. If the will fails to name one, or the victim died intestate (without a will), then the surviving spouse is entitled to file a wrongful death lawsuit. If the victim, while living, was widowed or unmarried, their surviving children are entitled to file. If the deceased does not have any living children, then their parents may pursue a lawsuit. In cases where the victim is not survived by any of these, the court will appoint a fiduciary.

If you plan to file a wrongful death lawsuit in Connecticut, your first step should be to ensure that you have the authority to file the claim. If you have any questions about who is eligible to file a Connecticut wrongful death lawsuit, contact a seasoned wrongful death lawyer at Dehghani and Associates, LLC to discuss your potential case.

How is a Connecticut Wrongful Death Claim Proven? 

The majority of wrongful death claims are settled before they reach the trial stage. The wrongful death attorneys who represent the opposing parties are usually able to reach an out-of-court settlement agreement.

Regardless of whether a wrongful death case goes to trial, the plaintiff will have to prove specific elements of their claim for the lawsuit to have a successful outcome. The elements that must be proven are:

• Duty: The person filing the wrongful death claim will have to establish that the defendant owed the deceased a duty to adhere to a reasonable standard of conduct. For example, a plaintiff would need to show that the driver who caused a fatal motor vehicle accident had a duty to follow all driving laws and operate their vehicle in a safe manner.
• Breach: Next, the plaintiff is required to show that the defendant breached the duty they owed to the deceased. Using the fatal car accident example again, the plaintiff will have to show that the defendant breached their duty of care by operating their vehicle in a negligent or reckless manner, such as by running a stop sign, speeding, or otherwise disregarding driving laws.
• Causation: Then, the plaintiff must prove that the defendant’s breach of duty was the direct cause of the wrongful death. So, even if the offender ran a red light, they cannot be held liable for the victim’s death if it was caused by some other unrelated factor, such as a mechanical failure on the victim’s vehicle.
• Damages: Lastly, in order to collect compensation, the plaintiff will have to prove that the victim’s injuries and subsequent passing resulted in financial losses, such as medical expenses and funeral costs.

Proving these four elements is extremely difficult without eyewitness testimony or some other form of compelling evidence. The wrongful death attorneys at Dehghani and Associates, LLC know exactly what needs to be done to prove your case and get you fair compensation.

Damages Available in a Connecticut Wrongful Death Claim

We believe in treating our clients the way we would want to be treated if we were in their shoes. At Dehghani and Associates, LLC, we always take time to review all the details surrounding the death of your loved one. We then combine this knowledge with our decades of experience to build the most convincing wrongful death case possible on your behalf so that you can receive the maximum possible damages.

Surviving family members of the deceased are eligible to recover both economic and non-economic damages. These often include:

• Funeral expenses and burial or cremation costs
• Loss of earnings and future earnings
• Loss of fellowship
• Loss of work-related bonuses and benefits
• Pain, suffering, and inconvenience
• Mental trauma
• Punitive damages

It is essential you partner with a skilled wrongful death attorney because the defendant’s insurance company is going to attempt to either downplay your damages or deny your claim outright. Their goal is to minimize your payout by as much as possible in order to protect their employer’s profit margins. A Connecticut wrongful death attorney from Dehghani and Associates, LLC will accurately calculate the value of your wrongful death claim and seek fair compensation for all of your damages and losses.

Who Receives the Damages From a Connecticut Wrongful Death Lawsuit?

Only the executor of the decedent’s estate is able to bring a wrongful death action. In the event of a jury verdict or settlement award, however, damages for a wrongful death can be dispersed among multiple parties.

Connecticut law expressly recognizes the right to recover certain damages in wrongful death claims, such as:

• The victim’s estate is eligible to recover the cost of any reasonably necessary nursing, hospital, and medical services, including funeral costs, along with any personal injury damages to which they would have been entitled had they lived, like pain and suffering.
• The victim’s spouse is entitled to financial compensation for loss of fellowship. These damages cover the loss of society, affection, moral support, household services, marital relations, and companionship provided by the deceased and endured by the plaintiff due to their death.
• Connecticut courts also acknowledge the right of the victim’s surviving children to pursue financial compensation for the loss of their parent’s affection, love, guidance, and care. This right to recovery is only extended to children who were under 18 years of age at the time of their parent’s passing.

After all wrongful death damages owed to the victim’s estate, surviving spouse, and children are paid, compensation can then be granted to other persons named in the will or in accordance with the state’s law of intestate succession laws. A wrongful death attorney can review your case and determine what forms of compensation you may be entitled to.

Connecticut Statute of Limitations

For wrongful death claims, the Connecticut statute of limitations is two years from the day of the victim’s passing. In other words, if you fail to file your claim by the second anniversary of the death, your right to do so will be revoked and you will not be able to recover any compensation for your losses.

There are some exceptions to the statute of limitations. These come into play when a negligent act is not immediately known or does not result in an immediate death. These exceptions are most often seen in the context of medical malpractice.

How Can a Wrongful Death Attorney Help My Case?

The wrongful death attorneys at Dehghani and Associates, LLC know the most effective ways of proving that the negligent party was responsible for the death of your loved one and demonstrate to the court the full extent of your losses. We can ensure you understand the complex personal injury process associated with wrongful death claims, develop a strong case that will maximize your recovery, and provide much-needed legal and emotional support during an extremely trying time.

Our wrongful death attorneys know the ins and outs of wrongful death settlements. Connecticut has numerous specific laws pertaining to how claimants file their wrongful death claims and who is even eligible to do so. Working with our attorneys significantly increases your odds of achieving results that will provide you with the financial resources you need to move forward with your life and give you some semblance of closure.

The Connecticut attorneys at Dehghani and Associates, LLC can help in several ways, such as:

• Investigate the accident: Wrongful death claims require thorough investigations. We can work with medical professionals, law enforcement, investigators, insurance companies, accident reconstruction experts, eyewitnesses, and anyone else who can strengthen your claim. We will collect all the evidence needed to prove your claim and pursue maximum compensation on your behalf.
• Build a compelling claim: Wrongful death claims have a lot of moving parts like the facts surrounding the incident, details about who was involved, questions of fault and liability, calculating damages, and Connecticut personal injury laws. After evaluating the results of our investigation we will build the most compelling claim possible. Our lawyers will take care of everything needed for your claim, from evidence and documentation to negotiating with the insurance company.
• Handle settlement negotiations: The insurance company and the at-fault party are going to push you to settle. Unfortunately, the amount of money they offer you is probably going to be far less than the value of your claim. While the insurer is looking out for their own best interests, we will advocate for you and your best interests. We will work hard to ensure you receive full and fair compensation for your injuries.
• Represent you in court: If both sides are unable to agree on a settlement, you might have to take your case to trial. Our experienced trial attorneys will oversee every element of your case and work to achieve favorable results.

At Dehghani and Associates, LLC, we understand the heartbreak of losing someone you love. Wrongful deaths are emotionally overwhelming for those left behind. Our law firm can offer legal support, ensure all of your questions are answered, work with you to prove negligence and build a claim, and advocate for you throughout your case.