The tragedy of losing a loved one is painful, most especially if their death was caused by someone or something faulty leading to a sudden end. Wrongful death can devastate you as you think about the person. It’s even more devastating when the deceased was the breadwinner of the family and everyone looked upon him/her.
It is crucial surviving family members enlist the help of a New Britain Wrongful Death Lawyer to initiate legal proceedings against those responsible for their loved one’s death. At Injured CT, our New Britain personal injury lawyers are experienced in handling wrongful death matters. Call us now to schedule an appointment.
How Is Wrongful Death Defined in Connecticut?
In New Britain CT, wrongful death is simply defined as a claim for injuries resulting in death.’ The injuries must have been the product of a person’s or a company’s negligent, reckless, and/or intentional behavior resulting in death.
Wrongful death claims in New Britain are brought under the Connecticut Code Section 52-555 under the civil law regime. You can file a wrongful death claim in New Britain due to the following reasons:
- Criminal actions such as killing a person
- Medical malpractice – This includes wrongful deaths caused by prescribing the wrong medications, surgical mistakes, medical injury, and misdiagnosis.
- Defective products – This includes wrongful deaths resulting from defective or dangerous consumer products like medical devices, drugs, appliances, vehicles, and electronics. If a loved one has passed away after using such products, you can file a product liability claim citing wrongful death.
- Neglect or abuse of a senior in an adult care facility or nursing home
- Contaminated food or other issues involving sanitation in commercial establishments
- Driving while intoxicated
- Accidents that cause the death of pedestrians
- Improper or illegal alcohol services – this can happen when a bartender does not stop serving alcohol to a customer who is visibly intoxicated.
For a free legal consultation with a wrongful death lawyer serving New Britain, call (855)-285-3425
Who Can File a Wrongful Death Claim in Connecticut?
In New Britain CT, a wrongful death claim must be filed by the executor, executrix, or the personal representative of the estate of the deceased. If the deceased left a valid will, the person(s) named as the executor or the executrix of the will is empowered to file a wrongful death claim on behalf of the deceased as he/she is tasked with among other things bringing or defending lawsuits on behalf of the deceased.
If the deceased did not leave a valid will, the beneficiaries of the estate of the deceased may apply to court either by themselves or through an attorney for the appointment of an administrator.
In appointing an administrator, courts give priority to the immediate family members and only consider secondary family members if there are no surviving immediate family members or if the surviving family members are minors or legally incapable of being appointed as administrators. The administrator once appointed by the court may then proceed to file a wrongful death claim on behalf of the deceased.
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What Types of Damages Will a New Britain Wrongful Death Lawyer Seek?
Damages generally refer to the monetary awards given to a successful party in a civil suit. Damages are divided into two main types, namely compensatory damages and punitive damages.
Compensatory damages as the name suggests are intended to compensate the beneficiaries of the deceased for losses suffered whereas punitive damages are aimed at punishing the wrongdoer. Compensatory damages are further divided into two types, which are special damages and general damages.
Special damages refer to economic losses such as the actual expenses incurred by the estate of the deceased, and loss of earnings among others. General damages on the other hand refer to non-economic losses such as pain and suffering, emotional distress, and loss of consortium.
In wrongful death claims, the damages recoverable under compensatory damages include the actual expenses incurred by the deceased such as medical fees and burial expenses. If the deceased was healthy and working, his or her next of kin may be awarded compensation for loss of earnings depending on the type of work the deceased was doing, his/her income, and the years he/she would have worked.
Under general damages, the next of kin of the deceased may be awarded monetary compensation for pain and suffering and emotional distress and in the case of the spouse, he/she may be awarded monetary damages for loss of consortium.
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Can Surviving Family Members File for Punitive Damages?
In New Britain CT, the relatives of the deceased may sue for punitive damages awardable under common law or statute. Under common law, punitive damages are awarded if the deceased’s demise was the result of gross negligence, malice, intentional misconduct, and/or reckless indifference.
Punitive damages under common law are awarded in addition to compensatory damages and are limited to the costs incurred in pursuing the claim as well as the legal fees.
Under Section 14-295 of the Connecticut Code, additional punitive damages are awardable in New Britain CT if wrongful death occurred as a result of traffic violations. The violations include but are not limited to:
- Speeding
- Reckless driving
- Driving under the influence of alcohol or drugs
- Driving in the wrong lane
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How Is Negligence Proved in a Wrongful Death Case?
In New Britain CT, in order to prove negligence in a wrongful death case, one is required to establish four elements. They include duty, breach of that duty, causation, and damages.
Duty
Generally, every individual is expected to exercise reasonable care to avoid putting others in harm’s way and/or harm others. An experienced New Britain wrongful death lawyer can prove that the defendant owed the deceased a duty of care. The duty simply means showcasing how the defendant should have acted to keep the deceased safe or how the defendant should have acted to avoid harming the deceased.
The law requires everyone to act in a responsible and reasonable way ensuring that no harm is triggered or caused to others. For instance, if the deceased died from an accident, the plaintiff is required to demonstrate that the driver who caused the accident had a duty to drive reasonably and safely and not under the influence of alcohol or drugs.
If the driver is found to have been under the influence of alcohol at the time of the accident, he/she is deemed to have breached his/her duty to drive reasonably and carefully and not under the influence of drugs or alcohol. The driving laws impose a duty on every driver to exercise reasonableness and due care while driving.
Breach of duty
Breach of duty essentially means that the defendant failed to live up to the expected legal standards. In the case of an accident, a defendant who is found to have been over speeding is deemed to have breached his/her legal obligation to adhere to traffic rules and laws and in so doing put every other motorist and/or pedestrian in harm’s way.
So long as a New Britain wrongful death lawyer is able to demonstrate that the defendant acted in a manner that exposed the people around him/her to unnecessary risks that may result in injury, the limb of breach of duty is considered proven.
Causation
Causation denotes a situation where the actions and/or omissions of the defendant were responsible for the death of a person. Having demonstrated that the defendant had a duty which they breached, the plaintiff’s lawyer is tasked with showing that the breach of duty by the defendant directly caused injury to the deceased resulting in death.
If for instance the deceased was a pedestrian who was hit by an overspeeding motor vehicle leading to severe injuries resulting in death, the actions of the driver are considered to have directly caused the deceased’s death. Provided that the actions of the defendant led to the injury and death of the deceased, the limb of causation is considered proven.
Damage
A wrongful death claim is only sustainable if there was indeed a loss of life. To show that negligence took place, there has to be loss or injury suffered. An attorney is required to show that the actions and/or omissions of the defendant led to an ascertainable loss.
In wrongful death claims, the loss of life is enough to show that the defendant caused loss or damage. Therefore, provided there was a loss of life, the limb on damage stands proven.
An attorney who has established that the defendant had a duty which they breached and the breach led to the loss of life can successfully prove negligence in a wrongful death claim. It is however worth noting that a court can consider the contribution of the deceased to their injury resulting in death and reduce the award.
Starting a Wrongful Death Claim in Connecticut?
A wrongful death claim in New Britain CT is filed by the executor or the administrator of the estate of the deceased and should be filed within two years from the date of the deceased’s death as per the statute of limitations described in Section 52-555 of the General Statutes.
You can seek the services of experienced attorneys at Injured CT. We can help you in investigating the circumstances surrounding the death of the deceased and advise you on how best to file a wrongful death claim
Contact a New Britain Wrongful Death Lawyer at Injured CT
The loss of a family member can be very frustrating, painful, sad, and traumatic if caused by the negligence of another person. The sudden loss can cause confusion. During such a difficult time in your life, we understand you need a reputable law firm to represent your case in New Britain CT.
We have a legal team of attorneys that will represent you well. Contact Injured CT for more information. Our team will gladly answer your questions and advise you on legal matters involving wrongful death.
Call or text (855)-285-3425 or complete a Free Case Evaluation form