Assisting Families That Have Lost Loved Ones in Tragic Accidents – Part 1 of 2

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Injuries Sustained at Holiday Parties- Who is liable
December 16, 2013
Assisting Families That Have Lost Loved Ones in Tragic Accidents – Part 2 of 2
January 15, 2014

If you have lost a family member or loved one in serious automobile accident, construction site injury or another type of fatal accident, we want to help. We understand that money granted from a lawsuit cannot make up for your/the families losses, but we do know it will help you pay the necessary expenses needed to continue to support your family. Allow us to help you handle the legal matters while you recover emotionally. 

lost love

Photo Credit: Lost Love by DarrenClarke

What is a Wrongful Death Claim?

A wrongful death claim can be filed when a person dies due to the legal fault of another person. Wrongful death claims cover many types of fatal accidents from automobile to workplace accidents and others. Individual persons, companies, and governmental agencies can be legally at fault for acting negligently and for intentional acts that cause the death of your loved one.

Who May File a Wrongful Death Claim?

A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent’s death . This representative is usually the executor of the decedent’s estate. Some of those people being represented might include a surviving spouse, relative, good friend, or parent.

Who May Be Sued for a Wrongful Death?

Wrongful death lawsuits can be brought against any responsible party for the decedent’s death whether it be an individual person, a variety of persons, companies, government agencies, or employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include multiple  defendants including:

  • the driver or employer at fault in the automobile accident
  • the designer or builder of the faulty roadway
  • a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
  • the manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
  • the persons who sold, served, or gave alcohol to the impaired driver, or
  • the owner of the premises where the alcohol was served.

In Connecticut, damages for wrongful death caused by the wrongful conduct of another is governed by a statute, C.G. S. Section 52-555. This statute provides the type of damages that may be recovered, and, along with the case law interpreting this statute, make it clear that the damages are calculated from the perspective of the decedent, and not from the perspective of the surviving loved ones. In short, while the surviving loved ones provide testimony on the type of person the decedent was, the court is required to establish a compensation amount that attempts to place a value upon the life of the decedent in dollar terms as best as possible.

The surviving spouse is also allowed to sue to loss of consortium for his or her own independent loss caused by losing their loved one, but the claim “piggy backs” off of the wrongful death claim brought for the decedent. Thus, its success or failure is tied to the success or failure of the decedent’s claim.

Our firm will investigate the circumstances that led to your loved one’s death. If the negligence of another party was to blame, we will seek compensation for all applicable losses. We will handle this matter with the utmost care and compassion for the surviving family, while at the same time zealously advocating for the compensation necessary for this tragic loss.

To schedule a free consultation, please call Tindall Law Firm 203-755-0018 today. For more information please visit http://tindall.webozy.net/wrongful-death/

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