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Connecticut Wrongful Death Cases: Who Can Sue And For What

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

What is a Connecticut wrongful death case and who can sue? Our Connecticut wrongful death lawyers have been representing the families of individuals who have been killed through the fault of another in wrongful death claims. A wrongful death action is unique in that it originally it did not exist under the common law that formed the basis of our legal system. Originally, it was held that a claim involving the death of a person “died” with the victim because there was no way to compensate that individual for the damages that they sustained. Originally, the surviving family members were precluded from claiming damages from the other party that caused their loved one’s death.

Over the years, states began enacting “wrongful death” statutes or laws that provide for a method of obtaining compensation for the estates of decedents, or people who were killed, so their family members who have been damaged could collect compensation. Although wrongful death statutes vary from state to state, generally these statutes consist of four elements: the death of the victim which was caused in whole or in part by another party; that the at fault party either intentionally caused, was negligent, or is strictly liable for the death of the victim; there is a surviving spouse, children, dependents or beneficiaries of the deceased individual; and damages or injuries have resulted from the death of the victim.

The estates of the deceased victim could be entitled to some or all of the following types of damages: expenses associated or related to the victim’s death which could include the ambulance bill, hospital bills, doctor and surgical bills, medical and rehabilitative care bills and funeral and burial expenses; loss of the victims future earnings, pain, suffering and mental anguish which was experienced by the victim prior to their death, the pain and suffering and mental anguish experienced by the survivors, loss of consortium on the part of the surviving spouse, and the injuries suffered by the children of the deceased individual for loss of care, companionship, and associated losses.

Generally speaking, in order to commence an action to recover damages in a wrongful death case a personal representative of the deceased person’s estate will have to be appointed. This person is either the executor named in the decedent’s will or if the victim died without a will, the person appointed the administrator of the decedent’s estate who in most cases will be the surviving spouse or other person appointed by the probate court. It is very important that you get the advice of an experienced Connecticut wrongful death attorney immediately so that you can properly protect your rights and start the investigation and development of this important case right away.

Our Connecticut accident and injury lawyers have written the book which we provide to the families of wrongful death victims and accident and injury claimants for free. Visit our website at www.HCWLAW.com and download a free copy of our accident and injury book right away. Find out what you should be doing and what you should not be doing. You can also call and speak with one of our Connecticut wrongful death lawyers by contacting us at 888-842-8466. We will also be happy to meet with you either in our office, or at some other location which you designate, to review the facts of your case with you and to advise you as to what you should be doing. So before you hire a lawyer, speak to an insurance adjuster or sign any paperwork contact us today to determine what you should be doing.

Fatal CT Motor Vehicle Accidents and the National Highway Traffic Safety Adminstration (NHTSA) Report on Traffic Deaths

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

A CT motor vehicle accident resulting in the death of an 
individual is devastating to the family of the innocent victim.  Any 
wrongful death claim must be investigated immediately so the rights of the
 survivors are protected. You need an experienced Connecticut wrongful death lawyer to 
help you through this most difficult time.  Find out what you need to be 
doing right away. Contact the lawyers at Hastings, Cohen, and Walsh today.

A recent 2012 The National Highway Traffic Safety Administration (NHTSA) report estimates traffic deaths for the first quarter of 2012 have increased 13.5.  This estimate represents the second largest quarterly jump in traffic deaths since the NHTSA began maintaining quarterly statistics since 1975 and it represents the largest jump since 1979.

The NHTSA confirmed the rate of traffic deaths per 100 million mile traveled also increased substantially.  During the first quarter of 2012, the traffic death rate increased significantly from 0.98 fatalities per 100 million miles traveled during the first quarter of 2011 to 1.10 fatalities per 100 million miles traveled this year.

The NHTSA also estimates 7,630 people died in vehicles accidents in the first quarter of 2012 which is up from 6,720 such fatalities in 2011.

Do not retain an CT motor vehicle accident attorney, say anything to anyone from the insurance 
company or sign any type of documents until you read a copy of our FREE book
”The Crash Course on Personal Injury Claims in Connecticut”.  Learn what you
 need to do, how an injury case is developed, and how your important case will be managed.  Learn how 
cases are evaluated and what insurance adjusters look for before making
 offers of money or the injured party. Call us at (888) 842-8466 or visit online at   www.hcwlaw.com and tell us about your case.  Get the answers you need today!

Wrongful Death in Connecticut Drunk Driver Accident Cases

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

What You NEED To Do in the Case of a Hartford, CT Wrongful Death of Your Loved One

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

An accident or injury case in Hartford, Connecticut resulting in the death of an individual can be devastating to the family of the innocent victim. Any CT Wrongful Death Case must be investigated immediately so the rights of the survivors are protected. You need an experienced wrongful death lawyer to help you through this most difficult time. Find out what you need to be doing right away. Contact us today.

The first thing you must establish and/or prove in any CT Wrongful Death Case  is who is at fault. Liability or fault can be proven by showing a violation of common law, which is decided by Appellate Court and Supreme Court Justices [in cases of first impression a lower court decision might be looked at, but is not controlling to other Superior (lower) court judges.] Another way to establish or prove liability is to show a violation of statutory law or the Connecticut General Statutes. There are a number of statutes that deal with motor vehicle law. You might be able to establish liability is you showed that the defendant violated Connecticut General Statute Section  14-222a which states:

Sec. 14-222a. Negligent homicide with a motor vehicle or commercial motor vehicle. (a) Except as provided in subsection (b) of this section, any person who, in consequence of the negligent operation of a motor vehicle, causes the death of another person shall be fined not more than one thousand dollars or imprisoned not more than six months or both.

(b) Any person who, in consequence of the negligent operation of a commercial motor vehicle, causes the death of another person shall be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.

Do not retain an attorney, say anything to anyone from the insurance company or sign any type of documents until you read a copy of our FREE book ”The Crash Course on Personal Injury Cases in Connecticut”. A wrongful death case must be investigated immediately.

Learn what you need to do and how a CT Wrongful Death Case  is developed and put together. Learn how cases are evaluated and what insurance adjusters look for before making offers of money to the estate of the deceased party. Call us at (888) 842-8466, visit us at www.hcwlaw.com and tell us about the facts of the case. We’ll call you and answer your questions. Get the answers you need today!

CT Motorcycle Accidents: Law, Cases, & Potentially Responsible Parties

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

CT motorcycle accidents occur often in Danbury, Ridgefield, Stamford, Fairfield, and throughout Connecticut roads . While many accidents are simple “fender benders,” others may result in substantial property damage and serious injury or even death. Although motorcyclists are often stereotyped as reckless and fast drivers, it is negligent automobile drivers who cause most motorbike accidents. An injured victim of a motorcycle accident can seek damages from the responsible party for the injuries, damages and pain suffered as a result of the accident. The victim must show that the defendant was negligent and responsible for the injuries and other damages that were sustained. A motorcycle accident lawsuit must also be filed before the expiration of applicable statutes of limitation which varies from state to state. The victim can seek compensation for related medical expenses, loss of income or earning potential, partial or permanent disability, psychological suffering, and property damage.

Some motorcycle accidents can be so severe that they result in death. Each state has its own law on fatal accidents and wrongful death claims. Although independent of each other, these laws share some common features. If a death is caused by a motorcycle accident, there will losses associated with the wrongful death including medical expenses incurred as a result of the accident, funeral and burial expenses, pain and suffering of the deceased, future financial support to the heirs, loss of love, society, and companionship.

For a wrongful death claim to arise from a fatal motorcycle accident, the accident must have been caused by another person who has acted negligently. The must be a wrongful act or an act of negligence in the part of the other person. Other responsible parties could include: the motorcycle manufacturer; or the maker of any part of the motorcycle; or other vehicle involved in the accident. The person or party responsible must have adequate insurance or assets to provide the basis of a recoverable legal claim.

There are different laws that apply to a motorcycle accident cases depending on the circumstances of the accident and the jurisdiction in which the accident took place. Sometimes the other driver or person might not be responsible for the wrongful death from the fatal accident. The cause of the accident will determine the type of wrongful death case, and the responsible party. It could have been caused due to a defect in the motorcycle’s manufacturing or design. For instance, the breaks fail to work when applied. In such cases, the law of product liability will apply. In certain cases, you can seek damages for wrongful death from the designer or manufacturer. Sometimes, the mechanic who did not repair the vehicle property can be held liable if the improper repairing is a factor which caused the accident. Even poorly maintained roads, messy and confusing construction, unclear signage, improperly designed roads and similar problems can be the cause of a fatal accident. The Government agencies responsible for the roads and highways can be liable for damages in such cases. However, there are special rules that apply to lawsuits against government entities which can have very short notice provisions which must be met in order to have a viable claim.

If you or someone you know has been involved in a motorcycle accident, it is recommended that you seek legal advice immediately.

Before you hire a lawyer, speak to an insurance adjuster, or sign any paperwork contact Hastings, Cohan & Walsh, LLP to get our FREE copy of our book The Crash Course on Personal Injury Claims in Connecticut. Don’t delay, order it today!