The pain of losing someone close to you is real and deep, and we wish nobody had to experience a devastating loss. However, if your loved one lost their life due to the careless or negligent actions of another individual, business, or entity, the law firm of Jacobs & Jacobs is here to help. Our New Haven wrongful death lawyers have the resources necessary to fully investigate what happened and help you and your family recover the closure and compensation you are entitled to. You do not have to go through this alone. We will be here for you through this difficult time.
Wrongful death claims are typically incredibly challenging and nearly impossible for family members to handle by themselves. In these cases, it is crucial for personal injury lawyers to be involved so they can:
A wrongful death lawyer can represent your family’s rights and best interests while you focus on healing. Our team can take many steps to achieve the results that your family deserves, including taking your case to court in New Haven County, if necessary.
A wrongful death claim asserts that a death could have been prevented with a reasonable amount of care and prudence by the defendant(s). In other words, that someone else’s careless or wrongful act caused the fatal injury, and that this person or party should be held accountable. In Connecticut, a plaintiff can bring a wrongful death claim when someone dies as a result of the fault of another party by:
Another way to look at a wrongful death case is a continuation of the personal injury claim that the deceased individual would have been able to file had he or she lived. If you believe that your family has a wrongful death claim in New Haven, contact us and we can provide a free in-depth case review.
Before an insurance company or the courts will grant any amount of financial compensation for a wrongful death, the filing party (plaintiff) must meet the burden of proof. The burden of proof in a civil lawsuit is a preponderance of the evidence – clear and convincing evidence that proves that the defendant is more likely than not responsible for causing the fatal injury. Most wrongful death lawsuits are based on the legal theory of negligence.
Proving negligence requires evidence of four elements:
Note that if your attorney bases your wrongful death lawsuit on another legal theory, such as strict liability, you may not need to prove that the defendant breached a duty of care or was negligent to be eligible for compensation. Establishing evidence and meeting the burden of proof are tasks that a wrongful death attorney in New Haven can perform for you.
Proving negligence requires evidence of four elements:
Note that if your attorney bases your wrongful death lawsuit on another legal theory, such as strict liability, you may not need to prove that the defendant breached a duty of care or was negligent to be eligible for compensation. Establishing evidence and meeting the burden of proof are tasks that a wrongful death attorney in New Haven can perform for you.
When we turn to Connecticut law, we can see that the only people actually allowed to file a wrongful death claim in the state are the executor or the administrator of the deceased person’s estate. If a loved one died without an estate plan (including a will) that named an executor or administrator, or if the named executor or administrator cannot serve, the court will appoint somebody in this capacity (Conn. Gen. Stat. § 52-555 (2021).
Liability, or legal and financial responsibility, for wrongful death in New Haven will generally go to the person or party at fault for causing the victim’s final injury or illness. If the victim lost his or her life in a car accident, for example, the negligent driver may be liable. Common liable parties include:
Understanding liability for your loved one’s unexpected passing may require assistance from an attorney. An experienced lawyer can investigate the catastrophic incident, search for signs of fault, determine liability and help your family present the strongest possible wrongful death case. If more than one party contributed to your loved one’s death, we will go up against all of them in pursuit of maximum financial compensation.
There may be various types of compensation and financial support available if a wrongful death claim is successful in Connecticut. This wide range of results can include the following:
A statute of limitations is a strict deadline by which you must file a wrongful death lawsuit – or forfeit the right to bring a lawsuit. In Connecticut, the statute of limitations on wrongful death actions is two years of the date of death. The statute of repose, or the final deadline regardless of the date of death, is no more than five years from the date the plaintiff initially complained of the act or omission.
If you have lost somebody you love to severe injuries caused by the careless or negligent actions of another individual or entity in the New Haven area, contact the team at Jacobs & Jacobs for help today. We’re standing by so we can get involved quickly. From car accidents to medical malpractice, our personal injury attorneys are here to help. We want to make sure your claim is thoroughly investigated and that you have an advocate by your side throughout this entire process. When you need a New Haven or Milford wrongful death lawyer, you can contact us for a free initial consultation by clicking here or calling us at (203) 777-2300.