If you are grieving the loss of a loved one in an accident or a criminal act, you might be considering a wrongful death lawsuit. These lawsuits can provide financial security for the family left behind and help you hold the wrongdoers accountable.

The person, company, or government agency that caused the death is liable to pay compensation if they were negligent. Determining negligence in Torrington wrongful death claims requires legal knowledge and skill. Count on the attorneys at D’Amico & Pettinicchi, LLC, to identify the negligent parties and find the evidence that will help you hold them responsible for your loved one’s death.

What It Means to Be Negligent

Negligence has a specific legal meaning. In general, it means failing to use reasonable caution to prevent harm to others. The failure must be the direct cause of an actual injury to hold a person legally responsible.

Establishing a direct link between a responsible party’s actions or inaction and your loved one’s death is the crux of a wrongful death lawsuit. The Torrington attorneys at D’Amico & Pettinicchi, LLC, are skilled at finding evidence of negligence showing the responsible party caused the circumstances that led to the death.

The responsible party frequently will claim that the deceased person’s conduct contributed to their death. Even when this is true, a family is still entitled to compensation for wrongful death if their loved one was less than 50 percent responsible for the injuries that led to their death.

Proving Negligence in Various Circumstances

The evidence needed to prove negligence varies depending on the circumstances of the case. The legal standards are higher in some cases. Working with an experienced Torrington lawyer is essential to ensure you have sufficient evidence to prove negligence in a wrongful death case.

If your loved one died in a crash with a passenger vehicle, your attorney must prove that the other driver was driving carelessly. However, if they were killed in an accident with a commercial vehicle, your lawyer only needs to prove that the truck or bus driver failed to use the utmost care. Commercial drivers must meet a higher standard to avoid being found negligent.

If your loved one died because of a medical error, you must prove that the treating healthcare professional was negligent. A medical professional is negligent when they fail to demonstrate the same knowledge and skill as other similarly credentialed healthcare providers would in the same circumstances.

Swift Action Is Necessary in Wrongful Death Cases

The shock of an unexpected death can be paralyzing. It is common for family members to have trouble planning their day, much less trying to plan a lawsuit. However, it is critical to consult a Torrington attorney as soon as possible after a loved one’s death in an accident or mishap.

Connecticut General Statutes § 52-555 allows family members two years from the date of death to file a wrongful death lawsuit. And there may be situations where the negligent conduct occurred several years before death.

For example, perhaps your loved one died of the side effects of a prescription drug that was not discovered to be toxic until after their death but had been prescribed years before. In a case where the cause of death or negligence was not discovered until later, a family could have as long as five years from the date of the negligent conduct to file a lawsuit. A lawyer at D’Amico & Pettinicchi, LLC, could advise your family about whether an extension is possible in your case.

Work With a Torrington Attorney to Find Proof of Negligence in a Wrongful Death Lawsuit

Moving forward after a loved one’s premature death takes time. Acting to hold the responsible parties accountable can sometimes help.

Our compassionate attorneys at D’Amico & Pettinicchi, LLC, are skilled at determining negligence in Torrington wrongful death claims. We offer free, no-obligation consultations, either remote or in-person. Contact us today to schedule yours.