If you’ve lost a loved one and plan on filing a wrongful death claim to hold the at-fault party liable, it’s important to understand the role that negligence plays in these cases. The success of wrongful death cases rests on showing that one party’s negligence caused the other party’s death.
Not only is determining negligence in Watertown wrongful death claims crucial to the success of a case, but Connecticut has unique and specific criteria that dictate who can file a wrongful death claim. The wrongful death attorneys at D’Amico & Pettinicchi, LLC, have been helping clients with the complex process for over 100 combined years, and they can provide the compassionate and experienced guidance that grieving family members need.
A wrongful death occurs when one person or entity’s negligent or reckless act leads to someone’s death. Individuals, companies, and government agencies can be responsible for a wrongful death, and fault may be shared by more than one party. Negligence must be proven in order to establish that the at-fault party’s actions or failure to act led to your loved one’s death.
Proving negligence requires showing key elements exist in the case, namely:
Your Watertown wrongful death attorney must establish that the at-fault party owed a duty of care to your loved one. It must also be shown that they breached that duty by acting negligently or recklessly. Additionally, evidence must show that the breach of duty or negligence led to the fatal incident and damages were incurred as a result.
Damages in a wrongful death claim include medical bills, funeral expenses, burial costs, loss of enjoyment of life, and conscious pain and suffering before death. For a surviving spouse, damages can include compensation for loss of consortium or loss of companionship, society, and affection.
The type of evidence your attorney will use to show the at-fault party’s negligence is to blame for your loved one’s death will vary depending on the type of fatal accident or incident. While it’s recommended that you speak with an experienced local lawyer for guidance on what documents and other pieces of evidence will be useful in your case, the following are often used in wrongful death cases:
Before you start preparing to file a wrongful death claim, you must first ensure that you are eligible according to Connecticut law. Only executors or administrators of the deceased person’s estate can file a legal action. This is different from other state laws, which often allow spouses and various other close family members to file a wrongful death claim. Consult with a Watertown attorney who has specific experience with proving negligence in wrongful death claims for guidance on your options.
If you have questions about determining negligence in Watertown wrongful death claims, contact D’Amico & Pettinicchi, LLC. Our lawyers have over 100 years of combined experience, and this experience is a valuable tool when navigating Connecticut’s complex wrongful death procedures.
Contact D’Amico & Pettinicchi, LLC, today to schedule a free consultation.
