It’s always a tragedy when someone dies unexpectedly, but when they die as the result of someone else’s negligence, it can become a legal matter. If your loved one’s death was the result of an avoidable accident, a fatal accident attorney in Connecticut can analyze the facts to determine if you have a claim. One of the things they will consider is whether you can file the suit yourself.
Who Can File a Wrongful Death Claim?
Although each state is different, every state has rules for limiting who can file a wrongful death claim. Typically, only members of the immediate family can file this type of personal injury claim, limiting potential plaintiffs to the spouse or children of the decedent. In Connecticut, only the executor of the deceased individual’s estate or a personal representative appointed by the court may file.
How Long Do You Have to File?
Another condition for filing this type of claim concerns the statute of limitations. In Connecticut, the plaintiff has two years to file a complaint in court. It can take many months to hire an attorney and negotiate with a defendant, so it’s important to start this process as early as possible.
Who Receives Damages in a Wrongful Death Claim?
When a fatal accident attorney in Connecticut negotiates a settlement or wins a wrongful death lawsuit, they will deduct their fee from the payout. The money will also be subjected to the probate process in some cases. The remainder of the money will be divided up between the decedent’s heirs in accordance with their will.