Wrongful Death Attorney Frank Bartlett Answers Many Key Questions
Wrongful death law firm Bartlett Legal Group will fight to get you and your family fair and just compensation for your loss of a loved one.
Below are valuable questions about wrongful death claims that our wrongful death lawyer has repeatedly been asked over the years by clients.
1) WHAT IS A WRONGFUL DEATH LAWSUIT?
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.
2) DO I HAVE A WRONGFUL DEATH CLAIM?
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.
3) CAN YOU HELP ME IF I LIVE IN A STATE OTHER THAN CONNECTICUT?
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.
Over 5000 people a year from across the country reach out to Bartlett Legal Group for critical answers to questions about Wrongful Death. Four out of five live in a state other than Connecticut. Because of the Covid 19 pandemic we have upgraded our technology to better serve you and your family. We can now also meet with you via phone or video conference. You can securely transfer documents, and you can even sign documents electronically from the comfort of your home computer or a device such as an iPad or smart phone. We are here to help you with the death of a loved one.
4) WHO CAN FILE A WRONGFUL DEATH LAWSUIT?
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
5) WHAT DAMAGES ARE RECOVERABLE IN A WRONGFUL DEATH SUIT?
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.
6) I LOST MY SPOUSE’S INCOME. WHAT WILL I DO?
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.
7) THEY HAD THEIR WHOLE LIFE AHEAD OF THEM. WHAT IS THAT WORTH?
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.
8) CAN WE BE COMPENSATED FOR THE WRONGFUL DEATH ITSELF?
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.
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9) MY HUSBAND SUFFERED SO MUCH. IS THAT A FACTOR?
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.
10) I LOST MY SPOUSE, MY LOVE, MY PARTNER IN LIFE. CAN I SUE FOR MY LOSS?
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.
11) CAN A BYSTANDER PURSUE A CLAIM FOR EMOTIONAL DISTRESS?
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.
Compensable damages for bystander emotional distress.
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.
12) WHAT ARE SOME TYPES OF WRONGFUL DEATH CASES?
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:
- Automobile accidents
- Motorcycle accidents
- Medical malpractice
- Fire liability
- Premises liability
- Nursing home negligence
- Animal Bites
13) HOW LONG DO I HAVE TO FILE A WRONGFUL DEATH CLAIM?
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.
Wrongful Death Statute of Limitations by State
14) HOW DO I FIND A WRONGFUL DEATH ATTORNEY?
- Read attorney reviews left by clients.
- Look at ratings from independent rating services and choose a firm that focuses on wrongful death cases.
- Experience in the courtroom is very important. How many cases have they brought to trial?
- Use Google to research who will be the best fit for you and your family.
- Read attorney biographies.
- Talk to the attorney. If you like the attorney so will the jury.
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
- Your legal team at Bartlett Legal Group will conduct an in-depth investigation of your case based on years of wrongful death experience.
- Your team will gather evidence from many sources.
- We have an extensive network of experts and attorneys nationwide that we have built over the years that will help you obtain just and reasonable compensation for all injuries and losses, past and future, that were caused by the defendant’s legally proven negligence.
- One of our goals is to allow you to focus on personal matters and help your family get back to a normal life. While money can never replace a loved one, it may help mitigate the financial hardship such a tragedy has caused.
- At Bartlett Legal Group we know that no amount of compensation can change the outcome of an accident or replace your loss. Our firm will provide you with dedicated, compassionate counsel, allowing you to focus on other matters during a difficult time. While we cannot turn back the clock on an accident, we can help you seek justice by obtaining the compensation to which you are entitled.
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.
15) What Are Your Wrongful Death Attorney Fees?
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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