Below are valuable questions about wrongful death claims that we have repeatedly been asked over the years by clients.
What is wrongful death?
A wrongful death is a death due to the negligent, willful, or wrongful act, omission or fault of another. Wrongful death or accidental death lawsuits are meant to compensate those family members left behind after a fatal accident. You also are hurt if you relied on the decedent for financial and emotional support. A wrongful death may be the result of a negligent or careless act, murder, reckless driving, medical malpractice, or many other causes listed below.
This depends on many factors. An experienced wrongful death attorney at Bartlett Legal Group can help you determine the answer today. Clients often are unsure if they have a viable wrongful death case. You have nothing to lose by scheduling a free consultation. It is critically important to not delay contacting an experienced attorney.
Yes, we help families nationwide. Over the years we have built an extensive network of top-rated wrongful death attorneys and experts across the country that we work with regularly.
In Connecticut for example, parents, surviving spouses, and dependent children may be entitled to file a wrongful death claim depending on the circumstances. Normally the plaintiff is the estate of the decedent. Our family law and probate attorney can assist attorney Bartlett and the surviving family members in setting up the necessary probate estate that would allow the family to pursue a claim. For additional information about laws by state click here
In a wrongful death action, there are two general types of damages, economic and non-economic. Economic damages are monies awarded as compensation for monetary losses and expenses that have been incurred as a result of the defendant’s negligence. They are awarded for such things as the cost of reasonable and necessary medical care, funeral expenses and lost earnings. Non-economic damages are monies awarded as compensation for non-monetary losses and injuries that the plaintiff’s decedent has suffered as a result of the defendant’s negligence. They are awarded for physical pain and suffering and the destruction of the ability to enjoy life’s pleasures.
LOSS OF EARNING CAPACITY DUE TO A WRONGFUL DEATH.
The destruction of earning capacity, that is, the capacity to carry on gainful employment or other means of earning compensation during the decedent’s probable lifetime, may be compensated. An estate must deduct probable income taxes and necessary personal living expenses and adjust for inflation. This value is then reduced to its present value. Our wrongful death attorney will work with an expert in economics to derive the present value of the decedent’s potential earning capacity. This will provide a fair figure for the loss of the decedent’s earning capacity as a result of the wrongful death.
DESTRUCTION OF CAPACITY TO ENJOY LIFE’S ACTIVITIES.
Damages are allowed for the destruction of the decedent’s capacity to enjoy life’s activities such as family, work, sports, recreation and other aspects of life.
The rule is that insofar as money can do it, the plaintiff may be awarded fair, just and reasonable compensation for the loss of life. As in the other categories of damages, there is no precise mathematical formula. Working with our experienced wrongful death lawyer will allow the estate to clearly articulate the value of the decedent’s life so as to maximize the compensation awarded.
ARE PAIN AND SUFFERING RELATING TO A WRONGFUL DEATH COMPENSABLE?
Pain and suffering prior to the decedent’s death may be claimed if the loved one did not die instantaneously.
WHO CAN PURSUE A RELATING LOSS OF CONSORTIUM CLAIM?
The surviving spouse, and due to a recent Supreme Court ruling, the children of a person who has died as a result of another person’s negligent, reckless or intentional act can recover for the loss of their ability to enjoy the companionship of their spouse throughout their lifetime. Such a claim is derivative of the claim for wrongful death but accrues in favor of the surviving spouse, rather than of the estate. Compensable damages for loss of consortium include loss of the spouse’s affections, companionship, and sexual relations. Our lawyer assists loved ones in articulating and quantifying the value of a claim for loss of consortium.
Under certain circumstances, family members who witness the death of a family member are entitled to pursue a claim. The claim is for bystander emotional distress for the shock and emotional and psychological trauma they have endured. If a person is a close family member (child, parent, spouse or sibling) and they either witnessed the death of a loved one, or arrived on the scene of the accident and witnessed the deceased person in the same or similar condition as when they had passed away, the family member may be entitled to compensation.
These may include the emotional and psychological injuries occasioned by the actual event of witnessing the loved one’s death, above and beyond the emotional injuries that would be expected from the loss of a loved one. As such, the pursuit of a claim of bystander emotional distress requires expert testimony and a skilled attorney to differentiate these claims. You may also be entitled to double or treble damages depending on the circumstances. It is very important to seek experienced counsel as soon as possible.
These are the most serious personal injury cases and can arise out of many types of accidents. Accordingly, handling this type of case requires a high level of knowledge and skill in personal injury law.
Our firm has successfully handled hundreds of cases involving:
WHAT IS THE WRONGFUL DEATH STATUTE OF LIMITATIONS?
It depends on the state. As an example, pursuant to Connecticut General Statute § 52-555, a wrongful death claim must be brought within two years of the date of death, except that no such action may be brought more than five years from the date of the act or omission which ultimately resulted in the person’s death. (https://www.cga.ct.gov/current/pub/chap_925.htm#sec_52-555). In addition to this general statute of limitations of two years, depending on the particular facts and circumstances that led to the death, certain parties may need to be put on notice of a potential claim much earlier. Accordingly, should you wish to pursue a claim stemming from a loved one’s death, it is imperative that you seek legal counsel as soon as possible.
Choose us because we care. Bartlett Legal Group is one of the top-ranked wrongful death law firms in the country. Don’t settle for less. We will strive to mount the strongest case possible for your claim.
Experience, integrity, and results
Our mission at Bartlett Legal Group is to be the best wrongful death law firm and to have the highest level of client satisfaction. Choosing the best attorney for you and your case can be difficult.
No fee unless we win. We work on what’s called a contingency fee basis. In other words, we pay for everything associated with your case and are only repaid for our expenses and time if we win at trial or you agree to settle your case. If we don’t win at trial or settle your case you owe nothing. Our fee is the typical 1/3 of the award or settlement.
Please consider calling our firm right now. You’re under no obligation and the consultation is free. We are here to help you and your family take the fear out of the legal process and to maximize your rightful compensation.
We have the critical experience to fight for your rights during negotiations and in court. We understand that you have suffered the ultimate loss, and offer compassionate counsel and aggressive representation with the goal of securing justice.
If you have lost a loved one due to a wrongful death, please contact our office today to schedule a free consultation.
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