When a loved one unexpectedly passes, survivors are left with questions: How am I going to go on? How can I pay the mortgage? How am I going to send the kids to college? If you believe your loved one’s death was the fault of someone else, you are entitled to answers.
Your consultation at the McEnery Law Group is always free. Call 866.214.0450 to discuss your wrongful death claim with one of our experienced attorneys.
After a loved one’s death, it is often a stressful and confusing time. The attorneys at the McEnery Law Group are warm and compassionate with a nurse/attorney on staff. They will be able to translate the medical and legal issues surrounding the death of your loved one and protect your long term interests.
Frequently Asked Questions about Wrongful Death in Connecticut
1. What is a wrongful death claim?
In Connecticut, wrongful death is defined by four criteria:
a. The death was caused either completely, or partially, by the defendant;
b. The defendant was negligent or strictly liable for the death;
c. There is a surviving family member who is bringing the claim;
d. There are monetary damages related to the death.
A wrongful death suit can be brought in the event of a car accident, medical malpractice, fall, work-related death, or any other incident when someone else is responsible for the loss of life.
2. What damages can you sue for in a wrongful death claim?
Damages compensate for a loss with money. Nothing can take the place of your loved one, but the monetary damages include: medical bills related to the treatment of your loved one; funeral expenses; loss of earning capacity; pain and suffering related to the injury and death; and loss of companionship for the surviving spouse.
3. How long do I have to bring a wrongful death claim? Is it different for a child?
In Connecticut, you generally have 2 years from the date of death to bring a claim. There are few exceptions, and generally there are no specific exceptions for the death of a child. Contact a wrongful death attorney as soon as you can to determine the applicable statute of limitations.
4. I have heard you need to “open an estate” to file a wrongful death claim. Is this true even if there are no assets or a will?
Someone has to be appointed by the Probate Court to bring a wrongful death claim. An Estate must be opened in Probate Court for an administrator (usually a family member) to be appointed so the claim can be investigated and filed. Connecticut Probate Courts are very helpful to families who want to open an Estate for this purpose, or we can refer you to a qualified probate lawyer who can get this done for you.
5. These cases sound expensive and complicated. What is the cost?
Many law firms, including the McEnery Law Group, will handle wrongful death cases on a contingency fee basis. This means that we do not charge an hourly rate for our services, but instead will be paid a percentage of the recovery. We also pay the out-of-pocket costs for things like medical records, investigation and experts, and do not charge you for them unless we recover for you.
Call 866.214.0450 or fill out out the form to schedule your free consultation.
