Who Can File a Wrongful Death Claim in New Haven?
The unexpected loss of a loved one leaves a void that can never truly be filled. When that loss stems from someone else’s negligence or wrongful actions, you may have grounds for legal action. In New Haven and throughout Connecticut, wrongful death lawsuits allow families to seek compensation after a devastating loss. However, only certain individuals may pursue litigation on behalf of the deceased.
If you have lost a loved one due to the negligence of another, contact our New Haven wrongful death attorney at Lynch, Traub, Keefe, & Errante to discuss your legal options. Call (203) 333-3333 for a free consultation today.
Connecticut’s Requirements for Wrongful Death Filing
In Connecticut, wrongful death claims operate differently than in many other states. Only the executor or administrator of the deceased person’s estate may file a wrongful death claim. This differs significantly from states that allow family members to file these claims directly. The executor serves as the legal representative responsible for managing the deceased’s affairs, including pursuing any legal claims on behalf of the estate.
If your loved one named you as executor in their will, you have the authority to pursue legal action. If they died without a will, the court can appoint an administrator who then holds this responsibility.
What Damages Are Available in a New Haven Wrongful Death Claim?
In a successful wrongful death claim in Connecticut, compensation is paid to the deceased person’s estate, not directly to family members. The executor seeks damages that represent the full scope of losses resulting from the death.
Available damages may include:
- Lost earning capacity of the deceased
- Loss of the deceased’s ability to enjoy life’s activities
- Conscious pain and suffering experienced before death
- Medical expenses related to the final injury or illness
- Funeral and burial expenses
Additionally, the deceased’s surviving spouse may pursue a separate claim for loss of consortium. This compensates the spouse for the loss of companionship, affection, and household services the deceased would have provided, acknowledging the profound personal impact of the death.
How to Initiate a Wrongful Death Lawsuit in New Haven
To begin the process of filing a wrongful death claim in New Haven, you must first be named the executor of the deceased’s estate. Then, it is important to consult with a New Haven personal injury attorney, who specializes in wrongful death, right away. A New Haven wrongful death lawyer will evaluate your case and help determine if you have valid grounds for a claim.
Once you have secured legal representation and gathered the necessary evidence, your attorney will file a complaint with the appropriate court. This document formally states your allegations against the responsible party and begins the litigation process. Throughout your claim, your lawyer will handle communications with insurance companies and defense attorneys, working to negotiate a fair settlement while preparing your claim for trial.
Speak to a New Haven Wrongful Death Lawyer Today
When you are grieving, filing a lawsuit can feel like an impossible task. In these situations, trust a New Haven wrongful death attorney to handle the process for you. Having professional representation allows you to focus on healing while protecting your rights and best interests.
A New Haven wrongful death lawyer at Lynch, Traub, Keefe, & Errante can guide you through establishing an estate, gathering compelling evidence, negotiating with insurance companies, and representing your interests in court if necessary. Contact a New Haven wrongful death attorney today to discuss your situation and explore your options for seeking justice.