practice areas
David P. Gaccione
Attorney At Law

21 Huntington Street
New London, CT 06320

Dave Gaccione

Personal injury


Personal Injury is the name given to the branch of tort law that covers any wrong or damage done to another in his person, property, rights, or reputation. A personal injury can happen at work, in a traffic accident, because of a faulty product or a faulty repair, because of a mistake during medical treatment, or because you slipped and fell on a wet floor or pavement. The personal injury can be physical or psychological but, to be considered actionable, it must occur due to the negligence or unreasonably unsafe actions of your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a duty of ordinary care. Examples of personal injury law causes of action include professional malpractice, wrongful birth, wrongful death, liable, slander, trespass, and nuisance. If you think you may have a case for a personal injury settlement, please contact Attorney David P. Gaccione for a free consultation.


Wrongful Death

Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction, but activities that resulted in a person's death would not.

The death must have been caused, in whole or in part, by the defendant's conduct, even if there was no direct intention to kill the victim. The defendant must have been deemed negligent or strictly liable for the victim's death. Also, the deceased must have dependent parties, such as family members, who have suffered from emotional and monetary damages as a result of the death.

A wrongful death lawsuit alleges that a victim died due to negligence on the part of the defendant. Surviving dependents or beneficiaries of the decedent are then entitled to monetary compensation for damages caused due to the death of the victim.

Though statutes related to wrongful death differ from state to state, they all tend to follow certain principles. Four elements tend to define wrongful death care: first, that the death was caused in whole or in part, due to misconduct by the defendant; second, that the defendant was negligent in the wrongful death and thus is liable for it; third, that the victim is survived by a spouse, children or other dependents; and fourth, that there is monetary damage due to the victim's death.

It is not always easy to prove that a defendant was responsible for a death. Evidence must be collected, witnesses must be interviewed and witnesses must be prepared to withstand cross examination by defense attorneys. Thus, you need help from an experienced wrongful death lawyer to win such a case.

Wrongful death can arise from a number of circumstances, including accidents. A family has the right to file a wrongful death lawsuit under conditions such as these: an automobile or airplane accident; occupational exposure to hazardous conditions or substances; criminal behavior; and death during any sort of supervised activity.

Please call Attorney David P. Gaccione at 860.443.1887 to setup a FREE Consultation.

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Law Office of Attorney David P. Gaccione
21 Huntington Street New London, CT 06320
Telephone: 860.443.1887
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