Connecticut Wrongful Death Attorney
Losing a family member in a sudden and unexpected accident is devastating for the spouse, children, parents, and other relatives, as well as their friends and community. To lose someone due to the negligent or intentional actions of someone else can leave surviving family members and friends feeling angry, confused, shocked, and stricken with grief.
If your loved one died as the result of someone else’s negligence in Connecticut, our heart goes out to you during this trying time. At Kocian Law Group, our attorneys have handled many wrongful death cases over the years, so we fully understand the toll that these tragedies take on those left behind.
While nothing can replace your loved one, the legal system does allow for you to seek fair compensation and bring the at-fault party to justice. When a person’s death was the result of another party’s negligence or wrongful conduct, family members can file a civil wrongful death lawsuit. These lawsuits can provide a sense of closure for families and can ensure that they don’t struggle financially as they grieve and pick up the pieces after their tragic loss.
Kocian Law Group will work tirelessly to get answers and justice for you and your loved one. Our compassionate lawyers will be with you every step of the way, handling all legal matters and providing much needed support. We will fight to protect your rights and help you to understand all of your legal options.
Call or contact us online today to schedule a free and confidential consultation.
Who Can File a Wrongful Death Lawsuit in Connecticut?
Connecticut Code section 52-555 says that a wrongful death claim is a claim “for injuries resulting in death.” A wrongful death claim is typically filed against a person, company, manufacturer, or another entity whose negligent or reckless behavior caused the death of another.
With the assistance of a skilled lawyer, you can bring a wrongful death lawsuit on behalf of your loved one. Because a wrongful death lawsuit seeks financial compensation rather than criminal action, only immediate family members can file a claim on behalf of the deceased.
The wrongful death laws in Connecticut specify that the probate court approves a fiduciary, who is named in the deceased person’s will, to represent the estate. If there is no will or no one is listed in the will, the surviving spouse has the right to file a wrongful death lawsuit. If the deceased was unmarried or widowed while living, any surviving children have the right to file. If the deceased does not have children, the deceased’s parents can pursue the lawsuit. In cases where the deceased has no surviving spouse, children, or parents, the court selects a fiduciary for the case.
If you are planning on filing a wrongful death lawsuit in Connecticut, make sure that you have the legal authority to bring the claim. If you have questions about who can file a claim, reach out to the skilled and compassionate wrongful death attorneys at Kocian Law Group to discuss your case.
What Do You Need to Prove in a Connecticut Wrongful Death Case?
More often than not, wrongful death claims are settled without having to go to trial. The lawyers who represent each side are often able to negotiate a settlement out of court that both sides agree to.
However, when a wrongful death lawsuit does go to court, the plaintiff must prove certain “elements” of claim in order for the lawsuit to be successful. In general, those elements are:
- Duty of Care – The person bringing the wrongful death claim must first prove that the defendant owed a “duty of care” to the deceased. For example, in the case of a wrongful death in a car accident, the plaintiff must prove that the person who caused the deadly collision had a duty to obey the traffic laws and to operate their vehicle safely.
- Breach of Duty of Care – A plaintiff must also prove that the defendant breached the duty of care owed to the deceased individual. If the wrongful death was a fatality from a motor vehicle accident, the plaintiff has to prove that the defendant breached the duty by operating their vehicle without ordinary care, such as speeding, running a red light, or otherwise failing to obey traffic laws.
- Causation of Death – A plaintiff must prove that the breach of the duty of care was what caused the wrongful death. Therefore, even if the defendant ran a stop light while driving their vehicle, the defendant cannot be held responsible for the deceased’s death if the death was caused by another unrelated factor, such as an equipment failure on the deceased’s person’s vehicle.
Proving these elements in court through a wrongful death lawsuit typically requires convincing evidence and witness testimony. The skilled and knowledgeable wrongful death trial attorneys at Kocian Law Group will do everything necessary to prove your case.
Compensation in a Wrongful Death Claim
At Kocian Law Group, we treat you like we would want to be treated. We’ll put ourselves in your shoes and take the time to understand all the facts surrounding your loved one’s death. Our attorneys will then use this knowledge coupled with our legal experience and skills to build the strongest case possible on your behalf.
Our legal team works hard to establish trusting relationships with every one of our clients. We believe that open and honest communication between our legal team and our clients is a significant factor toward securing the full and fair compensation that clients deserve.
Families of the deceased can recover economic and noneconomic damages for their losses, including:
- Funeral expenses
- Loss of income
- Loss of companionship
- Loss of benefits
- Pain and suffering
- Mental anguish
- Punitive damages
It is very important that you have an experienced and skilled lawyer on your side because the negligent party’s insurer will likely try to minimize the impact of your loss. Insurance companies will try to limit the compensation that you and your family members can recover. The wrongful death attorneys at Kocian Law Group will fight tirelessly for the maximum compensation available to you.
Statute of Limitations on Wrongful Death in Connecticut
The statute of limitations for wrongful death claims in Connecticut is two years from the date of death, according to Section 52-555 of the General Statutes. This means that if you do not file a claim within two years, you will lose the right to do so and will miss your chance to recover compensation.
There are a limited number of narrow exceptions to the statute of limitations. For example, sometimes an act of negligence is not known immediately or does not cause a person to die right away. That is why the Connecticut wrongful death statute also says a claim cannot be brought more than five years from the date of the accident.
Common Causes of Wrongful Death
The attorneys at Kocian Law Group have extensive experience representing clients who have lost a loved one due to a tragic wrongful death incident. We have helped many people throughout Connecticut in wrongful death claims stemming from many types of accidents.
Our firm has expanded its services over the years to better meet the needs of our clients in Connecticut. At Kocian Law Group, our lawyers handle wrongful death cases resulting from a wide variety of accidents, such as:
- Car accidents
- Commercial truck accidents
- Motorcycle accidents
- Bicycle accidents
- Medical malpractice
- Birth injuries
- Dog attacks
- Defective products
- Workplace accidents
- Construction accidents
- Pedestrian accidents
- Nursing home abuse
- Drowning accidents
The above list is not comprehensive. Remember that any party that did not take sufficient care and contributed to any type of deadly accident can be held responsible for wrongful death.
The Connecticut wrongful death lawyers at Kocian Law Group understand that no two accidents are exactly the same as each case has its own unique set of facts. Our attorneys have the skills and knowledge to handle the complex legal questions and concepts that wrongful death claims often present.
How Our Connecticut Wrongful Death Lawyers Can Help You
The wrongful death attorneys at Kocian Law Group will work to prove that the negligent party caused your family member’s death and show the court the extent of your losses due to the death. We will guide you through the complicated legal process associated with a wrongful death claim, build a case that will seek to maximize your financial recovery, and provide support during an emotionally taxing time.
Our Connecticut attorneys know how wrongful death settlements work. Connecticut has laws in place affecting how claimants may file wrongful death claims and who may be eligible to file them. Allow our attorneys to apply their knowledge to significantly increase your chance of receiving an outcome that will provide you with a sense of closure.
The wrongful death lawyers at Kocian Law Group can help in many ways, including:
- Thoroughly investigate the accident. A wrongful death claim requires an in-depth investigation. We can work with law enforcement, health professionals, insurance companies, investigators, eyewitnesses, and whoever else who may be involved. We can gather all relevant evidence that your claim needs and prepare a claim to seek the compensation you need.
- Build a strong claim. A wrongful death claim has a range of components, including facts, details, questions of liability, and Connecticut laws. We will analyze the results of our investigation and build the strongest claim possible. Our attorneys will handle everything your claim requires, from documentation and evidence to negotiations with insurance companies.
- Negotiate with the insurance company. Insurance companies and those responsible often want to settle. However, they may offer you far less than you deserve. While an insurance company is looking after their bottom line, our attorneys will represent you and your interests. We will work to pursue the maximum amount of compensation available on your behalf.
- Advocate for you in court. If a fair settlement cannot be reached, your claim may have to go to court. A court case involves adherence to strict legal rules and a strong legal strategy for recovery. Our skilled trail lawyers can handle every aspect of the case and will work toward a favorable outcome for you and your family.
At Kocian Law Group, we know how painful the death of a family member can be. A wrongful death can be an emotionally overwhelming experience, and our legal will be there to provide support and compassion during this difficult time. Our attorneys will answer all your questions and concerns, work closely with you to build a claim, and represent you every step of the way.
Contact a Connecticut Wrongful Death Lawyer
When you call on the Kocian Law Group, you can rest assured that we will handle your wrongful death case with the utmost care, diligence, and professionalism. Our Connecticut wrongful death lawyers will do everything they can to seek the full and fair compensation you and your family deserve for this senseless tragedy. We know how to present your case to effectively pursue justice and compensation for the loss you have suffered.
If you lost a loved one due to someone else’s fault in Connecticut, contact the Kocian Law Group as soon as you can. Our lawyers work on a contingency fee basis, which means that you will not owe us a dime unless and until we recover compensation for you.
Call now to schedule a free initial, no-obligation with a compassionate and experienced Connecticut wrongful death attorney.