Have you suffered the tragic loss of a loved one in a fatal accident? If so, please accept our deepest condolences. We know that we cannot make your grief disappear. However, we can offer fast legal solutions to help you and your family move forward.
If your loved one was killed as a result of someone else’s negligence, you may be entitled to receive a wrongful death settlement. While no amount of money can compensate for the loss of your loved one, it can take the financial burden off your shoulders while you grieve.
Whether your loved one was killed due to a car accident, another motor vehicle accident, medical malpractice, a workplace injury, or some other incident, our law firm is here to help. We pride ourselves on getting fast results for our clients. Call us today at 888-WIN-FAST to schedule your free case consultation.
What Is a Hartford, CT Wrongful Death Settlement?
If your loved one was killed in an accident, an attorney might be able to help you recover a financial settlement by filing a wrongful death claim. “Wrongful death” is the legal term used to describe the loss of life due to the negligent or reckless actions of another party.
A wrongful death settlement is recovered essentially by filing a personal injury claim on behalf of the deceased. Since the decedent is no longer able to seek compensation from the party that harmed him, someone must step in and file on his behalf.
Who Can File for Wrongful Death in Connecticut?
Each state has its own laws that dictate who is allowed to file a lawsuit for a wrongful death settlement. Some states allow any surviving family members of the deceased to file for financial compensation, however, this is not the case in Connecticut.
According to Connecticut law, a wrongful death case can only be filed by the administrator or executor of the decedent’s estate. This is the party responsible for closing out the estate now that he or she has passed away.
Unfortunately, there are some situations where the deceased party did not name a person as an executor in his or her will. It will then be up to the court to name someone as the administrator.
How a Hartford Personal Injury Attorney Can Assist You in Recovering a Wrongful Death Settlement
If you have been appointed executor of your loved one’s estate, the last thing you are likely concerned about is engaging in a complex legal battle while you are grieving. You may be unsure what to do if you believe your loved one was killed due to someone else’s negligence or carelessness.
The experienced wrongful death lawyers at Gould Injury Law can stand by your side during this difficult time. Our lawyers will serve as your legal advocates and take fast action to hold the negligent party liable and pursue a settlement that will help you and your family through these difficult weeks and months.
Our law firm can handle every aspect of your wrongful death claim, from collecting evidence until the resolution or verdict.
In order for your wrongful death claim to be successful, your lawyer will need to prove that the defendant caused the death of your loved one. The best way to prove fault is by gathering irrefutable evidence.
Depending on the cause of death, the following evidence may be collected in wrongful death cases:
- Police reports
- Photos or videos from the scene of the accident
- Cell phone records
- Vehicle maintenance records
- Medical records
- Eyewitness statements
- Accident reconstructionist reports
- Autopsy reports
Having spent years handling personal injury settlements, our experienced lawyers know what evidence is needed to build a solid case.
Keep in mind that evidence can quickly be lost or destroyed. For this reason, it’s essential to contact us as fast as possible after the death of your loved one. We will take fast action to collect essential evidence.
Communicating and negotiating with the insurance company
While grieving the death of your loved one, you should not have to worry about answering calls or messages from the insurance company. Insurers may try to pressure you into accepting a dollar amount that is far less than the true value of your case. As your legal representatives, we will handle all communication with the insurers on your behalf.
In Connecticut, most personal injury cases are settled without going to court and appearing before a jury. Typically, a wrongful death settlement agreement can be reached by means of negotiations with the insurance company.
At Gould Injury Law, we understand that most clients want their cases settled quickly. We pride ourselves on getting maximum compensation for our clients – and fast.
Meeting all filing deadlines
Each state has a time limit on filing claims related to a person’s death. In Connecticut, the statute of limitation is 2 years from the date of death. This means that, in most situations, if a case is not filed within the two-year deadline, you will lose your right to compensation.
However, there are some exceptions to this law. For example, it may not immediately be clear whether negligence caused a person’s death, or a person may have been injured but does not pass away right away. For reasons such as these, the law also stipulates that a claim can only be initiated within the 5 years after the date of the wrongful death in Connecticut.
Types of Damages Awarded in Wrongful Death Settlements
Our compassionate lawyers know that the death of your loved one isn’t about money. However, the sad reality is that the surviving family members often not only lose the companionship of their loved one, but they lose a financial provider as well.
As we build your wrongful death case, we will paint a complete picture of all of your losses. You may be eligible to recover both economic damages and non-economic damages.
The following damages may be awarded in a wrongful death settlement:
- Medical bills: If your loved one received healthcare treatment before his or her passing, we will seek compensation for medical expenses
- Funeral bills and burial expenses: You should not have to spare any expense when it comes to burying your loved one, and even a simple funeral can cost thousands of dollars
- Loss of financial support: Your lawyer will work with you to calculate the loss of income, insurance benefits, household services, and other financial losses
- Loss of consortium: These types of damages cover the loss of guidance, intimacy, companionship, and other death-related losses
- Pain and suffering: If the injuries that caused the death of your family member caused conscious pain and suffering prior to passing away, we will pursue pain and suffering damages
Depending on the circumstances surrounding your loved one’s death, your settlement may include punitive damages as well. These types are awarded by a judge in cases where gross misconduct has resulted in harm.
How Much Is a Hartford, Connecticut Wrongful Death Settlement Worth?
At Gould Injury Law, we know that there is no real way to place a monetary value on a human’s life. Sadly, in the case of determining a wrongful death settlement amount, it is necessary.
Since each wrongful death case varies from the next, there is no average settlement for wrongful death. Some cases may settle for tens of thousands of dollars while others are settled for millions.
There are various factors that are commonly considered when calculating a wrongful death settlement amount. These include:
- The deceased person’s age
- The decedent’s health before his or her death
- The education and training of the decedent
- The decedent’s income
- Age and circumstance of the decedent’s dependants
- Cost of medical bills, funeral expenses, and burial costs
- The emotional damages suffered by the surviving family members
- Value of lost benefits such as health insurance or pension
The best way to find out what settlement amount you may be entitled to receive after your loved one’s death is to contact a personal injury attorney. At Gould Injury Law, you can be sure we will take fast action to pursue compensation on your behalf.
Are Hartford, Connecticut Wrongful Death Settlements Taxable?
You may be wondering whether you will have to pay taxes on a wrongful death settlement. In general, according to rule 26 CFR § 1.104-1issued by the Internal Revenue Service (IRS), wrongful death settlements are not taxable. This is because the IRS classifies a wrongful death settlement as compensation for injuries or sickness, not as income.
However, there are some exceptions to the rule that wrongful death settlements are not taxable:
- Punitive damages: These types of damages are issued not as compensation, but to punish the defendant. For this reason, punitive damages are taxable.
- Some emotional distress settlements: You could be taxed a portion of an emotional distress settlement if the distress you suffered was not the result of personal injury or illness.
- Previously deducted expenses: The portion of your settlement that you received for medical bills and other expenses could be taxed if it was deducted as income in previous years.
If you have any questions about taxes on wrongful death settlements, the lawyers at fast-acting Gould Injury Law would be glad to answer them.
How Are Wrongful Death Settlements Paid Out?
One topic that your wrongful death attorney will discuss with you is how your settlement will be paid out.
Generally, there are two approaches available when it comes to paying out a wrongful death settlement:
- Lump sum payments: If your wrongful death settlement is paid in a lump sum, the full amount is paid to you all at once. Once the payment is received, your wrongful death claim is considered to be fully resolved. A lump sum payment is common when a settlement is able to be negotiated outside of litigation.
- Structured settlements: In a structured payment arrangement, the settlement is paid out over the course of months or years. The plaintiff will continue to receive monthly payments until the awarded settlement amount is paid out in full. This payment arrangement is common when the defendant does not have insurance to cover the costs of the wrongful death claim.
Contact a Hartford, Connecticut Wrongful Death Attorney Today
The unexpected death of a loved one is an extremely tragic and painful experience. You should not have to worry about filing paperwork or dealing with complicated legal issues during this time. Our skilled personal injury lawyers can help guide you through each step of filing for a wrongful death settlement.
Gould Injury Law handles wrongful death claims on a contingency fee basis. This means that you do not pay any upfront fees. Our law firm only gets paid if your lawsuit or claim is successful.
At Gould Injury Law, we pride ourselves on being known as “The Fast Firm” in Connecticut. If you are ready to work with a wrongful death attorney who will get your case settled faster than the rest, contact our law firm today.
We offer all potential clients a free consultation and case review. Call us 24/7 at 888-WIN-FAST to schedule a case evaluation at a time and location convenient to you.