When a loved one dies as a result of the negligence or misconduct of another, a legal remedy known as “wrongful death” exists in Connecticut. Losing someone you love is a tragic and traumatic experience, and is even more devastating when the death of a family member was preventable.
The assistance of a compassionate, experienced, and well-respected Waterbury wrongful death lawyer makes a difference in how effectively you may pursue civil remedies —and minimize additional heartache and stress. Our tenacious personal injury attorneys at D’Amico & Pettinicchi, LLC have decades of experience handling complex wrongful death matters. We will always put you first while working tirelessly to hold those responsible accountable and to get the fair compensation deserved.
Connecticut General Statutes § 52-555 explicitly gives surviving family members the right to seek financial compensation on behalf of the deceased from the person responsible for their loved one’s preventable death. A knowledgeable Waterbury wrongful death attorney is familiar with the unique procedures and rules for wrongful death claims and can answer questions about your rights during this difficult time.
For example, while immediate family members of a deceased person can obtain compensation through a wrongful death lawsuit on behalf of the deceased, an estate of the deceased must be opened and a person recognized as having legal standing to pursue wrongful death litigation must exist. Typically, this is known as the decedent’s estate executor or administrator, who is either named in the deceased person’s will or appointed by the Court.
Wrongful death claims have strict timing requirements. The Executor or Administrator typically must begin the litigation process within two years of the person’s death and no more than five years from the date of the incident that caused the death. Depending on the underlying cause of action, other time limitations might also apply.
Speaking to an experienced wrongful death lawyer will help assess the time constraints.
Wrongful death claims are complex and require a keen awareness of the law. Often wrongful death claims involve the most experienced insurance defense lawyers given the high-stakes nature of the litigation for the insurance company. To combat these very experienced insurance defense lawyers you will need a very experienced wrongful death lawyer in Waterbury who will know how to navigate the issues and achieve a successful resolution of your claim.
A comprehensive wrongful death claim can include compensation for both economic (e.g. loss of income) and non-economic losses (e.g. loss of life’s enjoyments) suffered by a deceased person such as:
A wrongful death claim is brought on behalf of the deceased. Spouses may also have a separate, but related claim in Connecticut for “loss of consortium” or a claim for the lost affection and companionship of the decedent.
These are known as compensable damages, but as a Waterbury wrongful death lawyer will explain, additional damages known as “punitive damages” or “double or treble damages” can be pursued for reckless or intentional misconduct, such as if the defendant caused the person’s death by recklessly or deliberately violating any of the traffic laws listed under Conn. Gen. Stat. § 14-295.
A seasoned Waterbury wrongful death lawyer at D’Amico & Pettinicchi, LLC, will be your ally from beginning to end for this complicated and uniquely sensitive type of litigation. Call D’Amico & Pettinicchi, LLC today to discuss your options and let us help you hold those who are responsible accountable.