Wrongful Death Attorney in Norwalk, CT
Losing a loved one is a heartbreaking experience, and it’s even more painful when their death was caused by someone else’s actions. In Connecticut, wrongful death claims offer families a way to seek justice and recover compensation for their loss. However, navigating the legal complexities of these cases can be overwhelming during such an emotional time.
At Kennedy, Johnson, Schwab & Roberge, our Norwalk wrongful death attorneys are here to support you. With over 30 years of experience, we provide compassionate, skilled representation to help families hold negligent parties accountable. Contact us for a free consultation to discuss your case and explore your legal options.
Losing a loved one is always a traumatic experience, but it can be even more so if the death occurred because of someone else’s actions. Unfortunately, a significant number of wrongful deaths happen in the U.S. each year. As many as 227,039 people die annually from unintentional injuries — and many more from intentional harm.
If a loved one died because of another person’s negligence, intentional act, or error, you could be entitled to compensation under Connecticut law. Filing a wrongful death claim can be complex, however, so it’s not something you want to undertake on your own.
At Kennedy, Johnson, Schwab & Roberge, our team of Norwalk wrongful death attorneys can help you navigate these claims. Contact us to schedule a free consultation.
Understanding Wrongful Death Lawsuits in Connecticut
In Connecticut, a wrongful death refers to someone dying because of another person or entity’s negligence, fault, or intentional action. To be deemed “wrongful,” the death has to meet certain criteria.
You have to prove that there’s a link between the other party’s actions and the death of your loved one. You must also show that your loved one would have had grounds to sue the other party for damages if they’d survived. If your loved one would have had the right to file a personal injury claim, you may be able to file a wrongful death claim.
Unlike in other types of cases, the victim is no longer able to file for compensation themselves in wrongful death lawsuits. In Connecticut, only the executor or administrator of the deceased’s estate can file this type of lawsuit. That’s different than in other states, where certain family members can also file.
If your loved one died without having a will or another estate plan that named an executor or administrator, or if the named one can’t serve, the court can appoint someone. They will have to manage the estate and file a claim on behalf of the family members entitled to damages. These include children and spouses.
Connecticut gives the executor or administrator of the estate two years from the date of the death to file a wrongful death case. Although there are rare exceptions that allow the statutes of limitations to be lengthened, it’s imperative that you file as quickly as possible.
Our team at Kennedy, Johnson, Schwab & Roberge offers representation if you need to file a claim in Connecticut. Speak with one of our Norwalk wrongful death attorneys.
Common Causes of Wrongful Death in Connecticut
Wrongful deaths can occur for a variety of reasons, but vehicular accidents tend to cause an especially significant number of deaths. In 2022, 368 people died in traffic collisions throughout Connecticut. Everything from intoxicated driving to speeding and distracted driving can cause these kinds of fatal accidents.
Slip and fall accidents are another common cause of wrongful deaths. They can lead to traumatic brain injuries, which could result in death. In fact, 50% of all fatal fall accidents involving seniors in Connecticut are the result of brain injuries. Often, slip and fall accidents occur in the workplace, with seven people dying from them in 2022.
Medical malpractice also plays a role in wrongful death claims. Medical malpractice happens when medical professionals deviate from the standard of care. Examples include giving wrong diagnoses, committing errors during operations, and prescribing wrong medications.
The Damages You Can Claim in a Norwalk Wrongful Death Case
You can claim both compensatory and punitive damages in wrongful death claims. Compensatory damages are meant to compensate you, whereas punitive ones punish the person who caused the death.
Compensatory damages include economic and non-economic damages. Economic damages compensate you for tangible financial losses you suffered because of the accident that led to your loved one’s death and because of the death itself. You can recover funerary expenses of all kinds, including burial expenses.
If your loved one was in the hospital before succumbing to their injuries, you can also get help paying for those medical bills. It’s possible that you also missed work while you were taking care of your seriously injured loved one, resulting in lost wages. Economic damages help you recover lost salaries, bonuses, commissions, and more.
Non-economic damages focus on compensating you for less tangible losses, like the pain and suffering you’ve endured from the death of your loved one. You can claim loss of consortium, too, allowing you to get compensation for the companionship and support you no longer have.
How a Wrongful Death Lawyer Can Help
One of the first things a Norwalk wrongful death lawyer can do is help you establish that the other party is liable for the death. This involves showing that the person owed your loved one a duty of care that they breached and that the breach led to your loved one’s death.
For example, if your loved one died from a medical error during an operation, the duty of care exists because there is a patient-physician relationship. You do have to demonstrate that the actions they took deviated from the standard of care and that the deviation led to your loved one’s death.
It’s not always simple to show that the other person’s actions were negligent. In many instances, you need expert witness testimony, which you may not have access to if you try to navigate the wrongful death claim process alone.
In contrast, hiring a lawyer for wrongful death claims means you’ll have help gathering the crucial evidence that proves the other party’s liability. At Kennedy, Johnson, Schwab & Roberge, our team works closely with expert witnesses of all types, including medical and accident reconstruction professionals.
We will manage the negotiations with insurance companies, too. Insurers often try to take advantage of the fact that you’re in mourning to try and get you to accept a low offer just to be finished with the process.
With us helping you, you can focus on healing from the loss while we fight for fair compensation. If necessary, we can take your case to court. To hire a Norwalk wrongful death attorney, contact the team at Kennedy, Johnson, Schwab & Roberge.
Contingency Fees
At Kennedy, Johnson, Schwab & Roberge, P.C., we handle all Wrongful Death cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.
Schedule a free, confidential consultation with a skilled Connecticut personal injury lawyer today. Contact us online or call our New Haven law firm directly at 203-865-8430.
Wrongful Death FAQs
Is There a Time Limit for Filing Wrongful Death Claims in Connecticut?
Connecticut sets a limit of two years for filing a wrongful death claim. Although there are instances in which this time limit can be extended, you shouldn’t expect it. If you don’t file within those two years, you could end up missing your chance to get compensation for your losses.
What Do I Have to Prove in a Connecticut Wrongful Death Claim?
You have to establish the defendant’s liability. This requires you to demonstrate that they owed your loved one a duty of care and that they breached that duty. For example, an intoxicated driver has breached the duty they owe all other people on the road to operate vehicles safely.
The next thing you have to show is that the breach of duty directly led to your loved one’s death. Along with this, you must demonstrate that your loved one would have been able to file for damages had they survived.
There are numerous complexities involved in gathering all of the evidence needed to prove these events. That’s why it’s important to hire a lawyer for wrongful deaths.
What Evidence Can Help a Wrongful Death Claim?
To determine the cause of death and link the death to the defendant’s actions, you can rely on medical records, police reports, and expert witnesses. Expert witnesses are especially important in medical malpractice claims, in which medical procedures have to be investigated.
Eyewitness statements are also helpful after car accidents, workplace accidents, and slip and fall accidents. At Kennedy, Johnson, Schwab & Roberge, we can help you gather the right evidence to corroborate your claim.
Contact KJSR for Help After a Wrongful Death
If a loved one lost their life because of someone else’s actions, you need to file a wrongful death claim. This isn’t something that you should attempt on your own while dealing with grief. Instead, rely on experienced lawyers for help.
At Kennedy, Johnson, Schwab & Roberge, our team of Norwalk wrongful death attorneys provides guidance and can help you through the process. Contact us to speak with our wrongful death lawyers about filing a lawsuit.
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