Wrongful death occurs anytime a person dies in a situation where they would have been entitled to pursue a personal injury claim had they survived the accident or injury. Injuries and accident situations include willful misconduct, negligence, dangerous work conditions or premises and deaths resulting from malfunctioning products. Other examples of fatal injuries for wrongful death claims include; vehicle, truck, motorcycle, choking, nursing home negligence, work-related accidents, defective products, slip and falls at dangerous premises and medical malpractice.
At Renehan & Rossetti, LLP, our wrongful death attorney has significant experience handling wrongful death lawsuits for clients across the Waterbury, Cheshire, Watertown, CT area and throughout the state of Connecticut. Since 1990, our personal injury attorney has handled every case with care and attention to detail, perusing maximum compensation for our clients’ losses. To begin the process, please feel free to give us a call and schedule a consultation.
Duty of Care: First, we will prove that the defendant owed a duty of care to your loved one. “Duty of care” refers to the reasonable expectation on the defendant to exercise a certain level of care. For example, a doctor is expected to order appropriate tests, make accurate diagnoses, and administer appropriate treatment. A driver is expected to be sober and obey traffic laws.
Breach of Duty of Care: Our lawyer will help demonstrate that the defendant failed to meet their duty of care. For example, a driver may have driven drunk or run a red light. A doctor might not have ordered a necessary test that would have led to an accurate diagnosis; they could also misinterpret test results or prescribe the wrong type or dosage of medication. A business owner could fail to shovel their sidewalk, resulting in a slip-and-fall accident.
Causation: You must prove that the defendant’s breach of their duty of care led directly to your loved one’s death. For example, if an attorney shows that a doctor’s failure to properly diagnose a condition led to inappropriate or delayed care, and that this failure to receive timely and appropriate care led to your loved one’s death, a wrongful death suit would apply.
Damages: You’ll need to be able to prove that you suffered damages due to your loved one’s death. If you relied on this relative’s income to pay bills, for example, you could receive compensation. You might also recover funds for medical bills, funeral expenses, and more.
In handling wrongful death cases, an attorney must assess the damages to both deceased, the spouse and next of kin, both in the short and long-term. In order to do this, we consult with leading experts in medicine, economics, life-care planning and other fields who help us determine the ongoing needs of our client. This thorough approach allows us to pursue full and fair compensation for our client’s needs, for today and far into the future.
Wrongful death claims are extremely complex in the state of Connecticut and family members that are interested in pursuing compensation are highly encouraged to seek legal representation. Without an experienced attorney, you and your family are likely to receive far less than you are owed. If you settle with an insurance company, you may barred from ever pursuing any additional claims in the future.