Your Trusted Personal Injury Lawyers in Waterford, CT
Perhaps the only thing worse than suffering the death of a child is when the death of the child is due to the negligence of another person. Although no amount of money can compensate parents for the loss of their child, family members may be able to seek compensation on the child’s behalf through a wrongful death lawsuit.
State law does not permit parents to file suit directly for the wrongful death of a minor in Waterford. However, the dedicated wrongful death attorneys at Polito & Harrington could explain what parents should do so a personal representative can file a lawsuit in the child’s name on their behalf. The law limits the time you have to file a claim, so call our office as soon as possible. Our team of attorneys is available whenever you call.
Under Connecticut General Statutes § 52-555, only the decedent’s (deceased person) personal representative — such as an executor or administrator of the estate — may file a wrongful death claim. As minors, most children will not have a will or personal representative, so the court will appoint one. In most cases, the court appoints the parents, although in some circumstances they may appoint another individual.
Parents cannot benefit directly from serving as the child’s representative. Instead, parents will recover as beneficiaries of the child’s estate. Since children typically do not have written wills or trusts, parents must show that they had expenses related to the child’s passing that need to be repaid.
If this sounds complicated, it is. You should have legal representation in Waterford to ensure there are no errors in your wrongful death claim for a minor. Your attorney will help you meet all the deadlines and explain what will happen as the case progresses.
In a child’s wrongful death claim in Waterford, recovery is usually limited to medical expenses and funeral costs. The child’s potential future earnings can also be part of the claim in some cases. This is more likely if the child is older and has established a possible earning track. Expert testimony may be needed to show what a child’s potential earning capacity may be.
Unlike an adult wrongful death claim, parents may not file a secondary suit for loss of consortium or companionship in a minor wrongful death claim. Parents may receive partial compensation for emotional trauma caused by the child’s suffering during the illness or injury.
Wrongful death cases become complicated when minors are involved because you may need to discuss matters with an estate attorney as well. An attorney could explain what you need when you discuss the case with them.
No parent wants to consider their child’s death. They particularly do not want to think about their child’s death due to another person’s negligence. In the event of a wrongful death of a minor in Waterford, you need experienced legal advice from the attorneys at Polito & Harrington.
We know that this is a difficult time for you and your family, and we will take the time to explain all the details of filing your case. If you need a personal representative before your claim can be filed, our legal team could assist with this. Our attorneys could ensure that your paperwork is filed within the state deadlines so you receive the compensation you deserve.
Call us today for a free and confidential case review.
We are committed to provide personalized attention to each and every client’s case – no matter how large or small– because that is each client’s only case. We are proud of our firm’s reputation of combining integrity and compassion with an unflinching dedication to getting the right result. We will do what we say.
