Wrongful Death
If you or someone you know has been involved in wrongful death case in Connecticut, we can assist with your claim. Put our decades of legal experience to work for you. We will advance all fees and expenses for your case including hiring experts to strengthen your case. Once the case is concluded, we will be reimbursed for costs out of the recovery. If no recovery is attained, you do not owe anything for the costs and expenses, which will be absorbed by us. All cases are handled on a contingency fee basis, which means you do not pay us until we recover money for you.
1. How Common are Wrongful Death Cases?
Wrongful death can be defined as the death of a human being as the result of a wrongful act of another person. If a person dies through the fault of another then a cause of action can be brought by the Estate of the decedent. Wrongful death actions were brought into existence to ensure that the surviving spouse and children of the deceased were financially compensated, as well as providing an incentive for people not to behave in such a manner that might result in the death of another. The wrongful act of another person can be either intentional or can occur through negligence. An example of a intentional wrongful act is the murder of the deceased. A negligent wrongful act may have resulted from a driving error or a medical error, resulting in a medical malpractice claim, causing the death of an innocent person.
The causes for a case resulting in a death claim are potentially unlimited, but there are four major categories which have the highest probabilities:
Motor Vehicle Accidents
In 2007, 41,059 people died in motor vehicle accidents in the United States. While there are no statistics available as to how many of these were due to the negligence of a third party, the likelihood of wrongful death is highest in this category given the sheer number of fatalities.
Common causes of fatalities in motor vehicle accidents that result in lawsuits include speeding, reckless driving, driving while under the influence, vehicle equipment malfunction and driver inexperience.
Medical Malpractice
Medical malpractice occurs when a physician does not provide medical care to an expected standard of competence or dispenses medical treatment that a competent doctor would not have given. This may also be applicable to health care providers, such as nurses.
Preventable medical errors take the lives of approximately 98,000 Americans per year. That equates to 285 deaths every day.
Medical malpractice runs the gauntlet from prescription mistakes to failure to diagnose or misdiagnosis to negligent maternity care, with an alarming number of causes in between.
Workplace Accidents
In 2007, a total of 5,888 people died as a result of accidents in the workplace.
The number one cause of these types of cases was motor vehicle accidents and represents approximately one-quarter of the workplace fatalities.
In 2007, 835 workers died in falls, whether from non-moving vehicles, on the same level, into holes or from roofs, to place this form of workplace accident in second position.
Other workplace accidents noted in the Department of Labor's statistics were caused by: falling objects; electrocution; homicides; railway incidents; aircraft incidents; struck by mobile equipment; fires and explosions.
Ninety percent of workplace fatalities occur in the private sector, primarily in the service providing and goods producing industries.
Product Liability
One out of every 125 men who dies over 50 years old is a victim of asbestos-caused diseases. It can take from 10 to 40 years for diseases caused by asbestos to develop.
Ten thousand deaths per year are attributable to asbestos, just under 3 per day.
Approximately 9,000 people die each year from food poisoning. Deliberate product tampering or unsafe manufacturing practices which cause accidental contamination may be at fault.
Product cases can also stem from pharmaceuticals, unsafe packaging, failure to place warnings regarding the product on packaging, mechanical failures, improper or unsafe building construction and unsafe vehicle design.
2. If I Know of A Wrongful Death Case What Should I Do?
It is extremely important that you contact us as soon as possible. It is critical not to do anything that might have a negative affect upon your case. We might advise you not to give any statements or sign any authorizations, so it is important to speak with us before you do something that could have a negative impact on your case.
3. How is Liability Determined?
The critical issue in many personal injury cases is just how a "reasonable person" would be expected to act in the situation that caused the injury. A person is negligent when he or she fails to act like a "reasonable person". Whether a given person has met the "reasonable person standard" is often a matter that is decided by a jury after the presentation of evidence and argument at trial. This is one of the many reasons why you should contact us as soon as possible so we can start to investigate and develop your case.
4. What Compensation Might The Estate Receive If The Case is Successful?
Usually, a person who is liable for an injury--which generally means his or her liability insurance company--must pay an injured person or that person's estate for:
- Past and future medical care and related expenses
- Past and future income lost because of the accident
- Permanent physical disability or disfigurement
- Loss of family, social, and educational experiences
- Emotional damages, such as stress, embarrassment, depression, or strains on family relations
- Funeral Expenses
- Punitive Damages (In Extraordinary Cases)
- Damaged Property
5. How Do I Get About Getting Experts To Help Me With My Wrongful Death Case?
We will be able to hire a team of experts that can assist in the development of your case, which, depending on your case can range from a private investigator, to doctors, to economists.
6. Who Will Pay The Expenses of Hiring All Of These Experts?
Our firm will advance all costs and expenses of your case as they are incurred. Once the case is concluded, we would be reimbursed for our costs out of the recovery. If there is no recovery, you will owe nothing for the costs and expenses, which will be absorbed by us. Additionally, you only pay us once you receive a settlement or award.
7. Do Any of Your Attorneys Have Any Specialized Training or Awards?
One of our attorneys has received Advanced Negotiation Training at the Harvard Law School and is a member of the Million Dollar Advocates Forum which is one of the most prestigious groups of trial lawyers in the U.S. For additional information please see our attorney biographies.
8. Why Should I Hire Hastings, Cohan and Walsh, LLP to Represent Me?
Because we are passionate about what we do and have decades of experience in representing Connecticut accident victims. Before you hire a lawyer, speak to an insurance adjuster, or sign any paperwork, order a copy of our free book "The Crash Course on Personal Injury Claims in Connecticut."
If someone you know has been involved in a wrongful death case in Connecticut, you should contact us as soon as possible. Don't delay in consulting us so we can get to work for you right away.
Please call us at 1-888-842-8466 or complete our online form on the right hand side of this web page and tell us about your case.
|