Any death of a close friend or family member is painful — but losing someone unnecessarily due to the negligence of another person or corporation is especially painful.
Let’s take a closer look at how the law treats wrongful deaths.
The Facts About Wrongful Death Litigation
Survivors of a person killed due to the fault of another party have the right to pursue a wrongful death claim in court. They can seek compensation for lost wages, lost companionship, funeral expenses etc.
Wrongful death claims may be filed in all 50 states and typically cover scenarios such as:
- Medical malpractice — a surgeon who operates on the wrong limb, for example.
- Product liability — a company that releases a product that catches fire, for example.
- At-fault accidents — such as an auto collision that occurred due to the intoxication of a driver, for example
These suits may be filed against people, companies or even governments. Wrongful death can occur as the result of both negligent actions (failing to act as another, reasonable person would) and can be intentional or unintentional.
Who Has Standing to Sue for Wrongful Death?
To move forward with litigation, a plaintiff must have a connection to the person who died. The most common groups of people with standing to sue include:
- Immediate family members (spouses, children, parents of unmarried children) qualify in all 50 states.
- Siblings and grandparents are given standing in some states.
- Life partners are also recognized in some states.
- Some states also allow anyone who is impacted by the death to sue, even if they lack a family link.
As mentioned, the list of entities that can be sued in wrongful death cases is quite expansive. It can include the designer or producer or a defective product, the driver of a car, the owner of a derelict building, a bar or a bartender overserving an intoxicated guest etc.
There are, however, some instances where immunity may apply. Some government positions, for example, come with immunity from wrongful death claims. Such exceptions vary considerably from state to state.
Finding the Right Wrongful Death Attorney in Connecticut
Wrongful death cases can be quite complex. Multiple parties may be at fault, proving negligence can be challenging and laws governing such cases vary via jurisdiction. This means that it is imperative to have an experienced attorney by your side.
At Brickley Law, we zealously fight for the rights of those who have been victimized by wrongful death. We also treat all of our clients with sensitivity and compassion.
If you need help with a wrongful death action, we urge you to contact us immediately for a fast and free consultation.
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