When a person is harmed in an accident because of another individual’s negligence, they have a right to take legal action. If they are hurt, they may file a personal injury lawsuit to get financial compensation for everything from medical costs to wages lost due to time off work. If an individual is killed, however, it’s up to their remaining loved ones to consult a lawyer and seek justice in the form of a wrongful death lawsuit.

How A Wrongful Death Lawsuit Works

A wrongful death suit can only be filed by the personal representative of the deceased’s estate. This person is usually named in their will. Any damages resulting from a successful case will go to the estate of the deceased. They can then pass on to the beneficiaries designated in the will.

The key to a wrongful death lawsuit is proving the defendant’s negligence. Did their careless or harmful actions result in the accident that caused the death? Further, are there surviving family members suffering financially because of this — for instance, was the deceased the sole breadwinner?

When to Consult a Wrongful Death Lawyer

Wrongful death lawsuits can be filed in various contexts. The deceased could have been the victim of medical malpractice or killed by a drunken driver. Alternatively, they may have been knowingly exposed to harmful chemicals at work.

One common type of wrongful death lawsuit occurs in the wake of a criminal trial. Since wrongful death cases tend to require a lower standard of proof, a person who was declared not guilty in criminal court may still be found guilty in such a civil case.

What Damages You Can Expect

The primary determining factor regarding how much money a wrongful death lawsuit can yield is financial damage. So-called pecuniary loss is measured using aspects like the deceased’s age, profession, earning capacity and overall health.

It may also be possible to receive punitive damages, which are awarded in instances of malicious wrongdoing. This isn’t possible in all states, however. The best way to figure out what you can expect from a potential wrongful death lawsuit is to speak with a local lawyer.

D'Agosto & Howe provides personal injury and wrongful death representation to residents of Shelton, CT, and the surrounding areas. With an expansive knowledge of state law, backed by over 40 years of combined experience, these injury lawyers have the expertise you need. You can learn more about their team online. For your free consultation, call (203) 712-0210.