New Haven Wrongful Death Attorney
It is hard when a loved one dies, but it’s even more tragic when families are grieving with the knowledge that their loved one would be alive if not for the negligence of another person. A New Haven wrongful death lawyer can get justice for your loved one. A wrongful death claim can provide a sense of justice as well as vital funds to meet expenses after their passing.
Sorrentino Legal is a compassionate personal injury law firm serving New Haven families in their wrongful death claims. We have the experience and investigative tools to uncover the truth about your loved one’s death. Contact Sorrentino Legal if a loved one has died as a result of someone’s irresponsibility. If we can prove this, we can work tirelessly to secure a wrongful death settlement worthy of your loved one.
What Is Needed to Win a Wrongful Death Case?
A successful wrongful death case is contingent on the plaintiff’s ability to prove negligence beyond all doubt. Proving negligence is a four-step process:
- You or your attorney must establish that the defendant owed a duty of care to your loved one. This means their safety and well-being should have been protected by the defendant, based on their role or part in the circumstances.
- The plaintiff’s party must then prove that the defendant breached their duty of care, thereby failing to protect the deceased.
- It must be established that the victim died because of the breach of duty of care. In other words, their death would not have occurred had the defendant done something differently.
- The defendant’s breach of duty directly resulted in the death of your loved one.
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Timely Filing of Wrongful Death Claims
While Connecticut allows a two-year window for filing a wrongful death claim, those hoping to receive compensation for damages suffered as a result of the wrongful death of a loved one should not wait to initiate a claim. Since the will and/or estate must often first go through probate before a wrongful death claim can be filed, the extra time is a necessity in many cases.
If the deceased individual did not have an estate plan or will, the Wrongful Death and Intestacy Statutes will govern the division of any settlement funds acquired as a result of a successful wrongful death claim.
There are some cases in which a wrongful death claim is allowed after seven years, but no longer than eight years, when the action is against a professional engineer, land surveyor, or architect. These cases are extremely hard to manage, especially if the death occurred so long ago that the evidence is difficult to obtain. A qualified and experienced New Haven wrongful death lawyer is highly recommended in complex cases like these.
Medical Malpractice Wrongful Death Cases
One of the most common types of wrongful death 0claims is a medical malpractice claim. Medical malpractice wrongful death cases are some of the biggest cases in terms of settlement amount. A study that covered five years of medical malpractice claims revealed that claims for death with an indemnity payment showed an average settlement amount of $960,000. Across those five years, there were 366 death claims that paid a total of $1.2 billion.
Like wrongful death claims against engineers, medical malpractice wrongful death cases are even more complex. The legal intricacies of proving malpractice, establishing wrongful death, and following the protocol for filing court-required forms are confusing enough. Add in dealing with the defendant’s legal team, corporate support, and insurance companies, and it’s clear that most people who represent themselves face a nearly insurmountable challenge when filing a claim.
Brad Sorrentino, a competent wrongful death attorney can handle all these intricate tasks for you, giving you the space to grieve as they fight for all the compensation your family deserves.
Here are some notable case results where Sorrentino Legal has fought for their clients:
- $1,800,000 – Wrongful Death Settlement
- $1,250,000 – Motor Vehicle Accident Settlement
- $1,200,000 – Premises Liability Settlement
- $975,000 – Motor Vehicle Accident Settlement
- $875,000 – Motor Vehicle Accident Settlement
- $800,000 – Medical Malpractice Settlement
FAQs
A: Wrongful death cases can be hard to win, but some situations are easier to win than others. The success of a wrongful death claim lies in the ability of the plaintiff’s counsel to show how the person would not have died if not for the defendant’s negligent actions. They must also establish that the defendant owed the victim a duty of care and breached that duty. Going into a case with professional legal counsel can greatly improve the potential outcome of a case.
A: Connecticut is unlike other states that allow family members and spouses to file a wrongful death claim. Here, only the administrator of the deceased’s estate or the executor of the deceased’s last will and testament can file a wrongful death claim. They can do so on behalf of the family members of the deceased. However, surviving spouses may file a loss of consortium claim for emotional losses, such as loss of affection, that the death caused them.
A: The success of a wrongful death case is dependent on the ability of the plaintiff to prove that a wrongful death occurred. Another determining factor is the insurance company’s willingness to accept the evidence and negotiate the settlement amount. Also, the experience and qualifications of the plaintiff’s counsel can greatly affect the outcome of a claim.
A: Evidence admitted in a wrongful death claim should support and demonstrate the negligence of the defendant. Other crucial evidence would establish the financial and emotional damages suffered by the family. These forms of evidence could be:
- The police report
- Medical records
- Witness statements
- Surveillance footage
- Floor plans
- Pictures of the accident site
- The autopsy report
- The coroner’s statement
- Receipts for funeral expenses
- Any other relevant financial documents
Finding the Right New Haven Wrongful Death Lawyer
Sometimes, finding the right New Haven wrongful death lawyer is just another stressor for families who have recently lost a loved one due to the negligence of another party. In this case, we hope to make things easier. Our firm has the resources, experience, and energy to fight for your rights as a person who lost someone close to you after such a senseless event.
Contact Sorrentino Legal to arrange a consultation about your wrongful death case.
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If you are looking for a personal injury lawyer or accident attorney in Connecticut, Sorrentino Legal can provide you effective advocacy.