The process of recovering financial compensation for the untimely death of a loved one requires estate executors and administrators to make tough decisions, one of which is whether to accept a settlement offer or proceed to litigation. The choice is not always clear. Waiting too long can jeopardize the settlement and limit the amount of time left to file a lawsuit, but accepting a settlement is not something that should be done without careful consideration.

The attorneys at D’Amico & Pettinicchi, LLC, have been representing clients in complex wrongful death cases for over 100 combined years. We help clients make informed decisions and advocate for them in some of their darkest times.

When is Accepting a Wrongful Death Settlement the Right Choice?

Accepting a settlement may be best when the other party makes a fair offer that you believe to be in the best interests of the deceased’s estate. There is no universal point at which accepting a settlement is right for everyone. This is something that your wrongful death attorney can discuss with you, but a fair outcome will most likely include considerations regarding economic and non-economic damages, including:

  • Medical costs associated with injuries prior to death
  • Funeral and burial expenses
  • The value of lost future earnings
  • The value of loss of life

Other factors to consider when weighing the advantages and disadvantages of accepting an offer versus pursuing litigation may include a valuation of damages associated with the surviving spouse’s loss of consortium and the pain and suffering endured by the deceased prior to death as a result of the at-fault party’s actions.

The Wrongful Death Settlement Process in Connecticut

The exact settlement process will vary depending on which type of accident led to the wrongful death. Medical malpractice, pedestrian accidents, commercial truck accidents, premises liability, and nursing home abuse can all cause fatal injuries that would make a wrongful death claim necessary. Discussing your case with an attorney is the best way to get personalized and accurate answers to your questions.

Even though each case is unique, there are some aspects of wrongful death settlements that are present in most situations. These include the following:

  • Only an executor or administrator of the deceased’s estate can pursue a wrongful death claim.
  • You only have two to five years to file a claim. The deadline is based on the date of the fatal accident and the date of death, which are not always the same.
  • Settlement funds are awarded to the deceased’s estate, which will distribute the money according to the will or Connecticut intestate succession laws.

It is highly recommended that you do not participate in settlement negotiations without an attorney. The at-fault party does not have the same goals or priorities as you. They want to pay you as little as possible, and you want justice and a fair settlement for the loss of your loved one. Chances are high that the first offer they make will be much lower than the value of the claim, and having a wrongful death attorney by your side ensures that strategic negotiations can take place.

Contact the Wrongful Death Attorneys at D’Amico & Pettinicchi, LLC

Our legal team is a trusted source of guidance, support, and advocacy for grieving families, estate executors, and appointed administrators throughout Connecticut. Schedule a free in-person or virtual consultation today to discuss your wrongful death settlement.

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If you or someone you love has suffered an injury or illness, you need to take immediate action so we can start our investigation. It’s not just a legal matter; it’s about helping you rebuild your life.

We have a proven track record of success. Other lawyers refer their cases to us because we have the experience and resources to resolve these complex matters.

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