Old Saybrook Wrongful Death Lawyer
Old Saybrook Wrongful Death Attorney
Losing a loved one is one of the most traumatic and painful experiences you can face, especially in an unexpected accident. When the accident was caused by another party’s negligence, you do have legal options to help you recover financial compensation and pursue justice. An Old Saybrook wrongful death lawyer can help you file a claim against the negligent party.
Suisman Shapiro: Experienced Wrongful Death Lawyers
At Suisman Shapiro, we understand that filing a claim can’t make up for your loss. Since 1950, our attorneys have worked with compassion to pursue the compensation you need to prevent further financial hardship during this difficult time. Our knowledge of wrongful death laws and our commitment to helping you throughout this process can alleviate the stress of filing a claim that is legally accurate while pushing for the recovery you deserve.
Common Wrongful Death Accidents in Old Saybrook
A wrongful death claim can be filed after a variety of accidents, as long as the accident was caused by negligence. At Suisman Shapiro, we seek to fully understand the details of an accident by investigating and analyzing evidence. By doing this, we can help you determine applicable wrongful death laws and identify the at-fault party. Some of the most common types of accidents include:
- Traffic accidents. In 2024, there were 104,241 Connecticut traffic accidents, many of which occurred on I-95 and Route 1 near Old Saybrook. Car accidents are often deadly, with a higher fatality rate for pedestrians, cyclists, and motorcyclists. Wrongful death claims are typically filed against the at-fault driver.
- Workplace accidents. In the United States, there are about 2.9 preventable injury-related deaths per 100,000 full-time workers. Workplace accident claims can be filed through workers’ compensation or directly against the at-fault party for an accident.
- Premises liability accidents. A property owner has the legal responsibility to keep their property free from hazards, so as not to endanger visitors. When a property owner is negligent, deadly hazards can lead to accidents such as exposure to harmful substances, fall injuries, or burn injuries.
- Medical malpractice. Whether receiving care at the Old Saybrook Medical Center or anywhere else, a high level of accuracy and professionalism is expected. Despite this, 2,387 medical malpractice claims were filed in Connecticut in the past five years. Examples of malpractice can include surgical errors, misadministration of medication, and critical misdiagnoses.
Proving a Wrongful Death Claim
When filing a wrongful death claim, you have to prove that the defendant’s negligence more likely than not led to the wrongful death. There are four elements of negligence you have to prove. They include:
- Duty of care. This element involves establishing that the defendant had a legal obligation to take care to avoid an accident, whether by driving safely or maintaining their property.
- Breach of duty. This element is the violation of the duty of care. It involves proving actual negligence, such as failing to uphold safety guidelines in a workplace or mistreating a patient.
- Causation. Causation involves establishing that the hazard caused by negligence directly led to your accident.
- Damages. This element involves proving the actual, measurable losses you have suffered. This includes the death and suffering of the deceased person, as well as those close to them.
If you hire a wrongful death lawyer, they can gather and analyze evidence from the accident to prove your claim. This could include police reports, witness statements, surveillance footage, and photos from the accident.
Why You Should Hire a Wrongful Death Lawyer After a Wrongful Death
A wrongful death case is incredibly challenging. While you focus on your recovery, an Old Saybrook wrongful death lawyer can build a strong claim against the at-fault party and meet the legal requirements set by Connecticut’s wrongful death laws. Their guidance through each phase of a claim can reduce your stress and allow you to spend your time with loved ones.
FAQs
What Damages Can You Claim in a Wrongful Death Claim?
You can claim any actual damages you or the deceased suffered after a wrongful death. This includes economic damages like medical bills, property damage, funeral costs, burial costs, lost wages, and loss of financial support from the deceased. It can also include non-economic losses, such as pain and suffering and loss of consortium. In certain cases, you may be awarded punitive damages to punish the at-fault party for extreme negligence.
Who Can File a Wrongful Death Claim in Connecticut?
In Connecticut, the executor or administrator of the deceased’s estate can file a wrongful death claim. This is different from many other states, which allow close family members to file a claim. If the deceased had an estate plan, it likely names the executor. If they did not have an estate plan, the court can appoint an executor who has the authority to distribute the estate and file a claim.
Do Most Wrongful Death Claims Go to Court?
No, most wrongful death claims do not go to court. Most claims are settled in negotiations before reaching court. This can be good, as the court is often more time-consuming and expensive. However, if you can’t reach the full recovery you need in negotiations, going to court can be the right option to pursue compensation. An Old Saybrook wrongful death attorney can represent you in both negotiations and in court, consistently advocating for your case.
What Is the Statute of Limitations for a Wrongful Death Claim in Connecticut?
The statute of limitations for a wrongful death claim in Connecticut is two years since the date of the death. However, it must also be within the statute of repose, which is calculated from the date of the negligence that led to the accident. The statute of repose varies depending on the case, generally ranging from three to 10 years. A lawyer can explain the specific deadlines for your case, so you don’t lose your right to file a claim.
Contact an Old Saybrook Wrongful Death Attorney for Legal Support After a Wrongful Death
In the aftermath of a fatal accident, it may seem like filing a claim will be stressful and confusing, but it doesn’t have to be. At Suisman Shapiro, we seek to support your recovery by making the claims process easier and pursuing compensation to minimize the financial impact of your loss. Contact us today for a free case consultation.
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