Cheshire Wrongful Death Lawyer
The sudden passing of a beloved immediate family member is never easy. However, the emotion toll on the surviving relatives can be considerable when the death was avoidable. When a member of your family dies due to the negligence of another person, the surviving family could potentially recover from a wrongful death claim.
If you believe you are entitled to recover from a wrongful death claim, call a compassionate personal injury attorney right away. With the right legal counsel protecting your rights, you could put yourself in the best position to ensure the negligent party is held accountable. To learn more, reach out to a Cheshire wrongful death lawyer right away.
Process of Filing a Wrongful Death Claim
According to Connecticut Code Section 52-555, any “injuries resulting from death” may result in a wrongful death claim. In other words, these claims share similarities with personal injury cases. They even cover some of the same damages, including medical bills.
Much like with a personal injury claim, a Cheshire wrongful death lawyer must establish the defendant’s negligence resulted in a death. Since the deceased person is unable to bring an injury suit for their damages, their estate has the right to seek compensation on their behalf. While wrongful death cases share some similarities with injury claims, they differ when it comes to the right to file suit in the first place.
Who can File a Wrongful Death Lawsuit in Cheshire?
Not just any surviving relative can hire a wrongful death attorney and pursue a lawsuit. Under Connecticut law, only the executor or administrator of an estate may file a wrongful death claim. In other words, the surviving relatives that could ultimately stand to gain from a wrongful death settlement cannot file the lawsuit on their own.
Many Cheshire residents make a will or estate plan. In most cases, those estate plans identify an executor or administrator. When they fail to do so, or when the proposed executor cannot or will not serve in that capacity, the court has the right to appoint their own. It is not uncommon for the court to appoint a member of the family that is entitled to recover any proceeds resulting from a wrongful death claim.
Once a wrongful death lawsuit is filed, it is the job of a wrongful death lawyer in Cheshire to establish that a defendant’s negligence resulted in the death. While a wrongful death lawsuit is independent of any criminal proceeding related to the death, a criminal conviction can be strong evidence of negligence at trial. It is not uncommon for criminal prosecutors and civil wrongful death cases to run parallel to each other, although in many cases the criminal case is resolved first.
If a Cheshire wrongful death suit is ultimately successful, any compensation recovered will go to the estate. The proceeds of the estate, including the damages recovered for the wrongful death claim, would go to the deceased person’s heirs according to their final wishes. To learn more, contact a knowledgeable lawyer.
Contact a Cheshire Wrongful Death Attorney Right Away
Dealing with the death of a loved one is never easy. The additional complications from dealing with a wrongful death suit are unlikely to make the situation any easier. For many, allowing a Cheshire wrongful death lawyer to protect their legal rights allows them to focus on their grief.
If you have suffered a loss, it is important to ensure that legal counsel is looking out for your best interests in a difficult time. To discuss your options, set up an initial consultation right away.