When your loved one’s life has fallen short due to someone else’s careless act, the wound is exponentially more painful. No one should ever face such a tragedy, yet they still occur with alarming frequency. If they were the family’s main bread-earner, this could lead to devastating financial hardships. How will you and your family cover funeral expenses, mortgages, car payments, and all of the other bills that don’t stop when the main income earner of the household passes due to a negligent act?
Legal Strategies and Financial Support for Families in Wrongful Death Claims
The death of the head of household can leave surviving family members worried about how they’ll be able to attend to their financial responsibilities. With most families already on a shoestring budget, losing an income due to an unexpected death can quickly create financial hardships that add to an already delicate situation.
A wrongful death can happen in a variety of different ways. Typically, they are the unfortunate outcome of car and motorcycle accidents or due to a negligent doctor or surgeon in the form of medical malpractice. Fortunately, the estate of the victim can seek compensation.
If your loved one has been taken away far too soon due to a negligent event, contact a Torrington personal injury lawyer. During a free consultation, one of their compassionate attorneys will help you to seek justice, accountability, and compensation.
How To Seek Compensation for a Wrongful Death Lawsuit
First and foremost, you’ll want to work with an experienced personal injury attorney. Filing a personal injury lawsuit happens when someone is injured, and they file the case to seek damages caused by the injury. A wrongful death lawsuit is filed by the surviving family for the estate of the deceased, and the injury in this case is death.
A family representative will file the case on behalf of the deceased’s surviving family. This representative is typically the person named as the executor in the deceased’s will. If they didn’t have a will or no representative was named, the court will appoint an executor who will file a wrongful death claim.
What Damages Can Be Claimed in a Connecticut Wrongful Death Case?
A wrongful death case will seek to recover damages for the deceased’s estate that’s payable to their surviving family. Some, such as loss of income, are easily quantifiable, while other types of damages can be a little more difficult to assess. Along with the assistance of your personal injury lawyer, the executor will be able to determine monetary amounts for the following damages:
- The deceased’s lost earnings capacity
- The deceased’s inability to enjoy life
- Any pain and suffering the deceased endured due to their injury
- All medical and hospital bills, including any expenses incurred from their injury
- Any funeral and burial expenses
- The loss of love, companionship, and support the deceased could have provided the immediate family.
In some rare instances, awarded compensation could be doubled or tripled if the negligent party (the defendant) caused harm to the deceased in a particularly heinous or deliberately reckless manner. These are sometimes referred to as punitive damages and are meant to punish the defendant and deter them from similar behavior in the future.
What Happens After Compensation Is Received in a Connecticut Wrongful Death Case?
Once the executor has won the case and a settlement has been received, the funds will be deposited within the deceased’s estate. If they had a will that stated their wishes, known as an estate plan, the funds would be distributed accordingly. However, if no estate plan is in place, the funds will be distributed according to Connecticut’s intestate succession laws.
Connecticut’s intestate succession laws can be complex and confusing. Many surviving families will hire a financial lawyer to help ensure that the funds are distributed fairly and follow succession laws. Typically, the breakdown of funds is as follows:
- If the deceased had a spouse and children, the spouse gets the first $100,000, and the rest is distributed to the children
- If the deceased had children but no legal spouse, the funds are distributed to the children
- If the deceased had no spouse, no children, and no siblings, the funds go to the deceased’s parents
Wrongful Death Legal Strategies in Connecticut Explained
The unexpected and sudden death of a family member due to a negligent act is a devastating event that words cannot describe. These cases can be lengthy and complex and are best handled by an experienced wrongful death attorney. Never attempt to receive compensation without having a legal team on your side.
