Losing a loved one is never easy, but it’s especially tragic if their death occurred due to a preventable incident. When the negligent or malicious actions of one party ends another person’s life, the victim’s family members can file a wrongful death claim to seek damages. Steven P. Ciardiello Esq., PC, in Hamden, CT, specializes in such cases and explains the process of getting the restitution you deserve.

3 Steps to Building a Wrongful Death Lawsuit

Verifying the Validity of the Case

The first task of pursuing a wrongful death damages is to determine whether a case is valid. This requires the services of an experienced attorney who understands personal injury law and can evaluate the circumstances of the incident and determine whether it was a result of negligent or malicious behavior. Common grounds for wrongful death claims include medical malpractice, traffic accidents, and product liability.

Filing a Claim

Once an attorney decides there is enough evidence to pursue damages, they will file a claim in court against the accused party and develop a strong case. Each state has its own criteria for who can file a wrongful death lawsuit, which typically includes the spouse and children of the deceased or their parents in cases involving the death of a minor. Depending on the case, compensation might be awarded for expenses like funeral costs, loss of wages, medical bills, pain and suffering, and loss of consortium.

Proving Liability

The most daunting challenge of a wrongful death claim is establishing liability. The burden of proof falls on the plaintiff, and the evidence must show the defendant owed the deceased a duty of care, the duty was breached, and the victim’s passing was a direct result. They also must prove the death caused financial burdens for which they should be compensated.

It’s vital to know what’s involved in a wrongful death lawsuits before you move forward with a claim. Steven P. Ciardiello Esq., PC, a personal injury attorney in Hamden, CT, will review your case, explain what to expect, and make the process as easy as possible. Call (203) 248-8000 to arrange a consultation and visit the law office online for information about their services, including probate and estate planning. Check their Facebook page for more legal tips from their office.