New Haven Wrongful Death Lawyer

New Haven Wrongful Death Attorney

A wrongful death suit is a type of personal injury claim filed by the family of the victim of a fatal personal injury. If you have lost a loved one because of another party’s negligence or illegal misconduct, you are likely eligible to file a wrongful death suit. However, such a personal injury case requires the attention of an experienced New Haven wrongful death lawyer to ensure the greatest chances of success with the claim.

Representing Wrongful Death Claims in New Haven, CT

Dolan Injury Lawyers, PLLC, has the resources, experience, and skills needed to resolve the most challenging wrongful death cases for our clients in New Haven and surrounding communities. Losing a loved one is always challenging, but facing complex civil court proceedings in the aftermath of their death is particularly difficult if you do not have legal counsel you trust advising you.

Our team will work carefully to ensure your case meets all applicable court filing deadlines and that you can gather all of the evidence needed to establish liability for your family member’s death. We can explain the state’s statutes pertaining to eligibility to file wrongful death claims and the damages you are able to claim from the defendant. Our goal is to help you navigate your case with peace of mind and resolve it as efficiently as possible.

Building a Wrongful Death Suit in New Haven

When one party’s actions result in harm to another party, the injured victim has the right to pursue compensation for their damages with a personal injury claim. However, if the victim does not survive, their loved ones can pursue a wrongful death claim against the at-fault party. While a personal injury claim seeks compensation for the victim’s losses, a wrongful death claim aims to compensate the family of the victim.

State law defines a wrongful death as any death resulting from negligence, an intentional act, or medical malpractice. While a personal injury suit must be filed by the victim, a wrongful death claim in the state may only be filed by the personal representative of the deceased’s estate. If the deceased did not name a personal representative, the court can appoint one to act as a plaintiff in a wrongful death suit and handle wrapping up the deceased’s estate after death.

The first step in building a wrongful death case in New Haven is ensuring you meet the eligibility requirements to file the case. Once the plaintiff has been selected, they must then identify the party or parties they believe to be responsible for causing the victim’s death and prove how they caused it. Some of the most commonly cited causes of wrongful deaths in the state include motor vehicle accidents, workplace accidents, medical malpractice, and illegal acts of violence.

Success with a wrongful death claim will require proof that the defendantdirectly caused the victim’s death in some way. Your New Haven wrongful death lawyer can help you gather the evidence and witness testimony you will need to firmly establish fault for the death. The evidence you will need will vary based on the type of incident that resulted in the victim’s death.

Understanding Liability in a Wrongful Death Case

A wrongful death case is a type of civil claim that seeks compensation for damages related to a death caused by negligence, intentional misconduct, or medical malpractice. Proving fault is an essential step in succeeding with a wrongful death claim, and it is important to understand Connecticut’s modified comparative fault statute in the event that multiple parties share fault for your loved one’s death.

Under this statute, each party that shares fault for causing the death will have a fault percentage assigned. These percentages dictate the share of the damages each defendant is liable to repay. However, it is possible that the evidence shows the victim is partially responsible for the incident. In this case, the fault percentage assigned to the victim will be deducted from the case award to reflect their shared fault.

However, should the victim be found more at fault than the defendant, it would nullify the ability to claim compensation from the defendant under the modified comparative negligence statute. If you have any concerns that your deceased loved one may have contributed to causing the death, it is vital to discuss these issues with your attorney as quickly as possible.

Damages in a Wrongful Death Suit

The objective of most personal injury claims is to hold a defendant accountable for their actions and compensate the plaintiff for their damages. In a wrongful death case, the goal is to compensate the family of the victim for their loss. It is possible for the plaintiff in a wrongful death case to seek various forms of compensation on behalf of the surviving family and beneficiaries of the deceased:

• The family has the right to receive compensation for funeral and burial expenses. It is likely they will need to address these costs prior to the finalization of a wrongful death suit, so whoever pays for the funeral and burial can typically expect reimbursement if the case is successful.
• The plaintiff can claim compensation for all medical expenses related to the treatment of the victim’s final illness or injury if they did not die immediately because of the defendant’s actions.
• The family has the right to seek compensation for the financial support the victim can no longer provide. A New Haven wrongful death lawyer can help the plaintiff accurately calculate the victim’s lost earning capacity based on their age and how long they could have continued working and supporting their family had they survived.
• The family of the victim has the right to hold the defendant accountable for any significant pain and suffering the victim experienced prior to their death. It is also possible to claim compensation for the victim’s loss of the ability to enjoy life.
• A wrongful death suit can also yield compensation for the family’s pain and suffering, such as the surviving spouse’s loss of affection and consortium and the surviving children’s loss of parental companionship and guidance.

Ultimately, it is possible for the plaintiff in a wrongful death suit to seek various forms of economic and non-economic damages from the defendant who caused the death. Additionally, state law allows for additional compensation in wrongful death cases arising from intentional and illegal misconduct or egregious negligence. Your attorney can advise you as to how any such factors could potentially influence your case award.

Resolving a Wrongful Death Suit in New Haven

It’s possible for a wrongful death case to unfold in different ways based on the specific details of the case. If the death occurred because of negligence and the defendant accepts liability, it is possible to settle this type of claim privately through settlement negotiations. During this process, the plaintiff, defendant, and their respective attorneys meet privately to resolve the case by negotiating mutually acceptable terms.

However, if the defendant denies liability or if they caused the deathby breaking the law, settlement may not be a viable option for resolving the case. Litigation may be necessary for various reasons, and while this is a much longer and more stressful process than settlement, it is possible for the plaintiff to secure more compensation with a trial verdict than they may have been able to negotiate from the defendant.

Your New Haven wrongful death lawyer can explain the potential risks and possible benefits of all your options for resolving your case. Dolan Injury Lawyers, PLLC, excels at resolving personal injury cases efficiently, and you can rely on us to represent you in settlement negotiations or in the courtroom as your case requires.

What to Expect From Your New Haven Wrongful Death Lawyer

The team at Dolan Injury Lawyers, PLLC, provides client-focused representation. We know that no two wrongful death cases are exactly alike, and no two families will face the same concerns for their cases. Our goal is to address your family’s unique needs, and this means taking time to get to know you and your family and learning as much as we can about the incident that caused your loved one’s wrongful death.

You can rely on our firm to help you gather the evidence and witness testimony you may need to firmly prove liability for your loved one’s death. We can ensure your claim meets all applicable court filing deadlines and that you have uncovered all forms of compensation you are legally eligible to seek from the defendant.

You have a time limit for filing a wrongful death suit or any other type of personal injury claim in the state. Additionally, some of the evidence you may need to prove liability for a loved one’s death may only be available for a limited time, so it’s important to act quickly to secure the legal counsel you need to file your wrongful death claim in New Haven.

Contact Dolan Injury Lawyers, PLLC, today to schedule a free consultation with a New Haven wrongful death lawyer and learn how our team can assist you with this type of case.