Hartford Wrongful Death Attorneys
Serving families and loved ones affected by wrongful death in Hartford & Manchester, CT
It’s impossible to prepare for the death of a loved one, and the devastation is unspeakable if you discover your family member’s life was lost due to the reckless actions of another person. Although nothing can bring back your loved one, the law entitles you to financial compensation for your loss, while holding the negligent party or parties responsible. Taking legal action can help ensure your tragedy never happens to someone else.
If your loved one was wrongfully killed because of the actions of another person, let us help. The Hartford personal injury attorneys at Barry, Barall & Spinella, LLC are tough, knowledgeable and ready to handle your wrongful death lawsuit. We hold the right people accountable and fight for the maximum amount of compensation allowed.
Wrongful death claims in Hartford – the basics
Any negligent, deliberate or illegal act of a person that leads to the death of another is a wrongful death. When your loved one has been wrongfully killed in accident, you (as their survivor) may recover the following damages from the negligent party:
- Lost wages and future earning capacity
- Funeral and burial expenses
- Pain and suffering
- Loss of consortium
You may be eligible to recover other damages, depending on your specific case and situation. While most wrongful death cases focus around car or truck accidents, there are many other circumstances under which you may bring a wrongful death claim:
- When negligent safety procedures at work or elsewhere cause fatal injuries
- When a business owner fails to keep their premises safe for visitors
- When a product manufacturer designs or sells an unsafe product
We all understand that “accidents happen” and sometimes we can’t do anything to prevent others from acting recklessly or carelessly. However, we can hold people and companies accountable for their actions – and ensure they don’t hurt or fatally injure anyone else again. Our job is to achieve justice for your loved one.
Types of wrongful death claims
Examples of situations or accidents that might lead to a wrongful death action in Hartford include:
- Dangerous and defective products. When dangerous consumer products are allowed to make it to market, like faulty airbags, they can cause fatal injuries.
- Hazardous work conditions. Our employers have a responsibility to keep us safe. When a loved one dies due to toxic chemicals, asbestos or unsafe equipment, they need to be held accountable.
- Nursing home abuse. A nursing home or assisted living facility may be held liable for negligence or neglect when it results in the death of a patient.
- School sports and activities. When coaches and other individuals we trust with our children fail in that duty, they may be held responsible for deaths under their watch. These situations can include athletes who die during training or during supervised games.
- Violent crimes. If a loved one is killed as a result of a criminal act, the individual may be responsible for wrongful death.
Who can file a Hartford wrongful death claim?
Here in Connecticut, the executor or administrator of the deceased’s estate files the wrongful death claim on the behalf of the deceased. If the deceased didn’t have a will or estate plan, or the administrator is no longer able to serve, the court may appoint an executor to both oversee the estate and file the wrongful death action.
When the estate’s representative files a wrongful death suit, they file it on behalf of the parties of interest. These parties can include:
- Immediate family members. Family members can request the estate file a wrongful claim on their behalf, including spouses and children.
- Life partners and financial dependents. After immediate family, domestic partners or others who were financially dependent on the deceased may also file for financial compensation.
- Other family members. In some cases, extended family members may be eligible for compensation, like siblings or grandparents. However, they would have to have been financially dependent or had close ties to the deceased.
Our experienced legal team can work with you to ensure your right to compensation is protected. If your loved one was already in the process of a personal injury lawsuit when they passed away, our attorneys can guide you in continuing the case.
Grounds for filing a wrongful death claim
It’s important to remember that not every accidental death qualifies as a wrongful death. As your attorneys, we work to prove two key elements:
- Your loved one’s death was caused by someone else’s negligence, deliberate act or malicious intent.
- That you, as their loved one, suffered financially and emotionally and have measurable damages associated with their death.
It is critical to note that you cannot file a wrongful death action unless the deceased would have had grounds to file their own personal injury lawsuit, had they lived. In that case, our lawyers would show the four elements of personal injury law:
- Duty of care. The defendant owed the deceased a duty of care.
- Breach of duty. The defendant breached that duty of care with negligent actions.
- Causation. Those actions caused the fatal injuries.
- Damages. Those injuries caused the deceased’s and the plaintiff’s damages.
Our job is to gather the evidence and documentation your loved one would have used to file a personal injury lawsuit, and justify your wrongful death claim.
Wrongful death and the statute of limitations
The statute of limitations for wrongful death claims in Connecticut is two years, meaning the administrator of the decedent’s estate must file a case within two years of the date of death. There are some situations where you may file a suit after this period has passed, but you may not file any action more than five years after the deceased’s accident or injury.
Even though you may have up to two years to bring a wrongful death action, it’s imperative you speak to a qualified Hartford attorney as soon as possible. The sooner we can start working for you – gathering documentation, interviewing expert witnesses and more – the better the chances of a successful outcome to your case.
Trustworthy Hartford wrongful death attorneys
The injury attorneys at Barry, Barall & Spinella, LLC understand that you are grieving a devastating loss. You can rely on our professionalism and experience to determine if you have a wrongful death claim and then help you move forward to secure the compensation you deserve. Get in touch with us today. We’re located right off I-84 or I-384 in Manchester. To schedule a free consultation with one of our personal injury lawyers in Hartford or Manchester, please call 860-649-4400 or fill out our contact form.