Managing the many details that come with the death of a loved one can be overwhelming in the midst of your grief. If someone else is responsible for your family member’s passing, you must add the confusion and frustration that often accompany a personal injury lawsuit. Fortunately, you can turn to a wrongful death lawyer in Glastonbury, CT to manage these burdens while you focus on mourning.
At Tehrani Law Group, we offer a free consultation with a Glastonbury personal injury lawyer who can answer your questions and prepare your fatal accident case against the at-fault parties. We fight tirelessly for your interests and work to secure the most compensation available. Come to us for compassionate yet fierce legal representation during the most difficult time of your life.

How Connecticut Defines Wrongful Death

Each state has its own interpretation of what counts as wrongful death, but they are usually variations of the same language. Under Connecticut General Statute § 52-555, any death caused by the “wrongful act, neglect, or default” of another person, entity, or corporation is defined as a wrongful death. Neglect may involve a person’s actions or their failure to act, while default means the defendant failed to meet an obligation or duty to the deceased.

Examples of wrongful death might include:

  • A drunk driver hits your loved one as they walk alongside a street.
  • A manufacturer sells a faulty product that catches fire and burns your family member’s house down.
  • A store fails to have adequate lighting and security measures in its parking lot when an assailant attacks your family member.
  • An employer does not issue proper safety gear to your loved one, who then falls from a great height.
  • A nursing home fails to provide adequate care and treatment to your family member, who later dies from their resulting illness.
  • A medical practitioner does not follow the standard of care or fails to correctly diagnose your loved one’s illness or injury, leading to their death.

In all these instances and others like them, your wrongful death attorney can gather evidence indicating exactly what happened and identify all those to blame. Your case may involve multiple liable parties, further complicating the process. Your legal team can clarify where your case falls under Connecticut law and help you take the appropriate action. 

Wrongful Death Claims Are a Form of Personal Injury Lawsuit

Under the law, a personal injury may take the form of emotional, physical, or financial harm. Victims may suffer actual medical injuries, or they may endure extreme psychological damage due to the at-fault party’s negligence or malice. They may also experience significant financial loss from fraudulent or negligent actions against them.

In wrongful death claims, your family member may encounter all three before passing away, leaving you and the other survivors also facing a combination of these kinds of damages. If your loved one lives for any length of time following a car accident or other incident, they may initiate a personal injury lawsuit to recover their associated costs. When they die, the executor of their estate can continue this effort in the form of a survival action.

If the person dies immediately, the personal representative (executor) can still use the law to seek justice against those at fault by filing a wrongful death action. Note that the surviving family members do not initiate the lawsuit, but they may receive compensation as estate beneficiaries.

Filing a Wrongful Death Claim in Glastonbury, CT

The days after a person’s death can be filled with preparations, funeral events, and recovering from the emotional overload. You may not want to consider that someone is responsible for your loss, or you may suspect it from the beginning. Regardless, you should follow these steps if you want to consider filing a wrongful death claim:

  • Collect any evidence available, such as medical records, police crash reports, witness statements, photos, and videos.
  • Write down what you remember about the events leading up to the death.
  • Speak with a wrongful death attorney to determine whether you have a valid claim.
  • Identify the personal representative (PR) for the deceased’s estate.
  • Have the PR petition the probate court for an appointment as executor for the estate. 
  • Ask the PR to work with your lawyer to begin the wrongful death lawsuit process.

Your wrongful death lawyer will continue gathering evidence, speaking with experts, interviewing witnesses, and filing appropriate paperwork to move the case forward. They will also file insurance claims when needed, negotiate settlements, and assist with all aspects of the case. They will calculate the full value of the claim and send a damage demand letter to those at fault. 

Survival Actions Continue Any Personal Injury Lawsuit Your Loved One Began

A survival action works very much like a wrongful death claim, except it is a continuation of the deceased’s existing lawsuit. For example, suppose your family member suffered serious injuries in a car accident and lived for a few weeks before passing away. They may have started settlement discussions with the other driver’s insurance company, then filed a lawsuit. 

When they die, their PR has the right to pursue compensation on behalf of the estate. This lawsuit can demand payment for all the medical bills, lost income, property damage, and other losses incurred prior to death, along with certain expenses associated with the death itself.

You Must Act Soon After Your Loss or You Lose the Right to Sue

The current statute of limitations for wrongful death claims in Connecticut is only two years from the date of death. It’s worth noting that there are some exceptions that could affect that deadline. Without skilled guidance from an attorney who has a deep background in cases like yours, you could miss the opportunity to claim justice for your loved one. 

Because there is an added layer of complication for wrongful death claims that require you to identify a PR and obtain their court appointment, the clock can run out of time quickly. Insurance negotiations can also steal valuable weeks from your limited window to seek compensation through the courts.

Instead of taking that chance, turn these burdens over to Attorney Payman Tehrani and his team so you and your family can focus on moving forward.

Types of Compensation Available in Wrongful Death Claims

Each state allows you to seek different kinds of damages in wrongful death claims. In Connecticut, the estate’s PR can ask for financial recovery for losses similar to a survival claim, including:

  • Funeral, burial, and cremation costs
  • Medical expenses related to the fatal injury or illness
  • Loss of income and financial support for the dependent survivors
  • Loss of future earning capacity by the deceased
  • Loss of enjoyment of  life by the deceased

As a part of the wrongful death case, the deceased’s spouse can also demand recovery recognizing their loss of consortium (intimacy and partnership) due to the death. If the PR and wrongful death lawyer pursue insurance settlements first, they may find it difficult to negotiate payment for the non-economic losses. It may be necessary to proceed to trial to secure full compensation, depending on the strength of the case. 

Who Receives the Settlement or Jury Award From a Wrongful Death Lawsuit?

If the lawsuit is successful, the compensation goes to the deceased’s estate. The PR will then distribute those funds, along with any other assets, to any beneficiaries named in the deceased’s will. If your loved one left no will and died intestate, the Glastonbury-Hebron Probate Court will follow Connecticut intestacy law and distribute the estate’s assets accordingly.

The typical order in intestate situations is as follows:

  • A surviving spouse receives everything if there are no children, no parents of the deceased, and no other heirs.
  • If there are children of the surviving spouse and the deceased, the spouse receives the first $100,000 along with 50% of the remaining estate, with the other 50% divided among the children.
  • If there is a surviving spouse and parents of the deceased, the spouse receives the first $100,000 along with 75% of the estate, and the parents share the other 25%.
  • If there is no spouse and no parents, the children divide the estate equally.

Personal injury settlements become part of the estate funds and may be subject to creditors’ demands and other liabilities. The PR can only distribute assets after meeting these obligations for the estate. 

How Our Wrongful Death Attorneys Manage Your Case

We begin by examining the circumstances of the death and analyzing the available evidence. We build support for the four elements of negligence that are required for a successful personal injury lawsuit. These are:

  1. The defendant owed your loved one a duty of care to act in a safe manner and avoid causing harm to others.
  2. The defendant failed in their duty to your family member, through neglect, carelessness, or intentional action.
  3. Your loved one suffered injury and death as a direct cause/result of the defendant’s neglect, carelessness, or intentional action.
  4. The deceased’s estate has financial and intangible damages associated with the injury and death that must be repaid.

We will present our proof of these elements while negotiating and in court. With sufficient evidence and a compelling argument, our team will guide you on whether to accept a quick offer from insurance companies and when to demand more. We continue to try to reach a satisfactory compromise during trial, to secure what you need while limiting your legal expenses.

How Connecticut’s Comparative Negligence Laws Could Affect a Wrongful Death Case

Like all personal injury cases, you must show that the negligent party was responsible for your loved one’s death through evidence. Unfortunately, the other side may try to present materials showing that your family member played some part in what happened. For example, they may claim the deceased was speeding at the time of a deadly car accident. A Glastonbury car accident lawyer can help you protect the integrity of your claim. 

Under Connecticut General Statutes § 52-572h, defendants can try to reduce what they may owe, based on the state’s modified comparative negligence principle. If the fault assigned to your family member is 51% or more, the estate’s PR cannot seek compensation. Whatever percentage of fault assigned to the deceased will reduce the settlement, so a $100,000 demand becomes an $80,000 settlement if the court assigns 20% fault to your family member.

This law can work in your family’s favor when you discover there are multiple parties to blame. Your lawyer can file insurance claims or lawsuits against all at-fault entities as a way to maximize what you could receive. They can also advise you when there may be other avenues that could cover your expenses. 

Choose Terhani Law Group for Thoughtful and Caring Wrongful Death Representation

As a leading law firm in Connecticut, we offer a serious approach to handling each case, coupled with a comforting presence as we guide you through challenging times. We believe in providing personal attention to every client, treating you with respect, dignity, and care. When you trust in a wrongful death lawyer from our firm, we shoulder the burden of holding wrongdoers accountable.

Our client testimonials speak to our ability to get the desired case results. We collaborate with experts in many different fields to provide a superior foundation for your case. We also put our top-notch negotiation skills to work as we seek a fair settlement from insurance companies and other parties. 

When necessary, we can prepare your case for trial and educate you on what to expect. We do not get paid until we obtain compensation for you, so you can be sure we do not give up. We believe we are a strong choice for wrongful death representation in Glastonbury, and we think you will agree when you arrange a free case review with us. 

Contact a Glastonbury Wrongful Death Attorney Today

We understand that you may be lost in confusion after your family member’s untimely and wrongful death. You could be unsure whether you really have what it takes to pursue legal action against those at fault. We are here to address your concerns and give you the confidence you need to take action with our help. At Tehrani Law Group, we are ready to stand by your side. To schedule a free consultation with a wrongful death lawyer in Glastonbury, CT, contact our law firm online.