There is no way to get through a loved one’s untimely, preventable death without pain, but a Hartford personal injury lawyer from The Law Offices of James A. Welcome can make some aspects of the aftermath easier.
Our lead attorney, James A. Welcome, has maintained a “10.0 Superb” Avvo rating. This dedication to excellence permeates all elements of our firm. Your loved one’s death demands justice, and your family deserves compensation for the resulting losses. A wrongful death lawyer in Hartford will provide compassionate support and insightful legal guidance as we fight to deliver those results.
When a Death Warrants a Wrongful Death Claim
Preventable accidents leading to avoidable deaths may provide grounds for a wrongful death claim. Motor-vehicle accidents are one example. Perhaps a drunk driver causes your loved ones’ death. A truck driver could unlawfully stay on duty longer than regulations allow, fall asleep behind the wheel, and cause a crash.
Your loved one could die from a brain injury resulting from a slip or fall on someone else’s property. If the property owner’s negligence caused that fall, you may be eligible to file. Ultimately, the accident situation must meet the elements of a wrongful death claim. You must show:
- The party that caused the accident owed your loved one a legal obligation of safety
- The at-fault party breached this obligation by performing an action that endangered your loved one or by failing to take action to prevent your loved one from harm
- The at-fault party’s breach caused your loved one’s death or the injuries leading to their death
- The death of your loved one caused measurable losses
A wrongful death attorney in Hartford from our team can review your circumstances for free and determine if you have a valid claim.
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Strengthen Your Claim With a Fast Legal Partnership
Typically, the wrongful death statute of limitations in Connecticut is two years from the date of death. This means you must file your claim with the court within that deadline to protect your right to fight for justice at trial. To give your attorney time to investigate the accident and file appropriately and on time, form a legal partnership quickly.
If your loved one is seriously injured in an accident but does not die right away, connect with an attorney and file a personal injury claim. Under Connecticut law, you cannot file a wrongful death claim more than five years from the date of the accident. If you haven’t filed for personal injury compensation and your loved one dies six years after the accident, you lose the chance to demand compensation.
According to the wrongful death laws established in the Connecticut General Assembly (CGA) Chapter 925 Section 52-555. An “executor” or “administrator” named in your loved one’s will can bring a wrongful death claim on their (the deceased’s) behalf. If none has been named, the court can appoint one.
How a Wrongful Death Attorney in Hartford Can Help
The time following an untimely death is often emotionally charged for families. The team at The Law Offices of James A. Welcome understands this and will offer calm support and insightful legal guidance, managing all elements of the claim.
Your Hartford wrongful death lawyer will conduct a thorough accident analysis to identify the at-fault party. Making this determination can be difficult in complicated situations. For example, for wrongful death cases in truck accidents, possible liable parties include the truck operator or company, an inspector or mechanic, cargo loaders, or vehicle manufacturers, among others.
As we investigate, we will compile evidence to support your claim and prove the elements of a wrongful death. We will also handle all communication with representatives for the other parties involved. While we will keep you updated on your claim’s progress, you can reach out with questions at any time, and we will get back to you quickly. We are here for you.
Get Financial Justice for Your Loved One’s Death
Though nothing can bring your loved one back, a favorable claim outcome can bring you a sense of peace, knowing that the party responsible for your loved one’s death has been held accountable. Compensation also brings financial security, so you can find a way forward without worrying about how you will pay your bills and stay afloat.
Your fatal accident attorney knows how to prove damages in Connecticut wrongful death claims and will fight to maximize your damages. Damages usually provide compensation for the deceased’s:
- Lost earning capacity
- Loss and enjoyment of life
- Pain and suffering experienced before death
- Necessary medical costs associated with the final injury or illness
- End-of-Life expenses
Surviving spouses can sue for loss of consortium and other intangible elements of the marriage and household contributions, but these claims must be brought along with the wrongful death claim.
The Effect of Comparative Fault
Connecticut’s modified comparative fault laws, found in CGA Statute 52-572h, impact compensation amounts. The State follows the 51% rule, which means victims in personal injury claims must be under 51% responsible for the accident causing their injuries to be eligible to file for damages.
The same rule applies to wrongful death claims. The deceased’s culpability in the accident resulting in their death must be under 51% for surviving families to secure compensation. If your loved one is assigned a lower percentage of blame, the compensation amount you can collect undergoes proportional reduction. Fault of 10% means you collect 90% of the calculated award.
The at-fault party will attempt to pile as much blame on your loved one as possible. We will challenge these attempts and compile and present convincing evidence to demonstrate the at-fault party’s negligence. Our focus is on maximizing your compensation.
Our Compassionate Fatal Accident Lawyer is Here to Help You Through These Difficult Times
The Law Offices of James A. Welcome has an established history of success and compassion. Connect with us to arrange a free case review.
A Hartford wrongful death attorney from our team is here to give you the guidance and representation you need to get through this challenging time and reach the best claim resolution possible.
