After losing a loved one unexpectedly through someone else’s negligence, you may feel overwhelmed and unsure about what the future holds for you. Suing for wrongful death may help you secure compensation to help you deal with the financial strain. When you have lost someone dear to you, a Norwalk wrongful death lawyer at Injured CT can handle your lawsuit while you concentrate on getting your life back on track.
Injured CT has helped numerous families and estates in Norwalk and across Connecticut to bring wrongful death actions. In addition to being compassionate and understanding, our clients can count on our experience and knowledge in legal matters. We are proud to help surviving family members find the justice and compensation they deserve.
If you need to pursue a wrongful death claim in Norwalk, Connecticut, or are not sure if you have a case, please contact the skilled and compassionate Norwalk wrongful death lawyers at Injured CT for a free case evaluation. Call our Norwalk personal injury lawyers to get started.
How Is Wrongful Death Defined in the State of Connecticut?
Connecticut defines wrongful death using the following criteria:
- The defendant entirely or partially caused the decedent’s death;
- The defendant was strictly liable or negligent for the loss of life;
- There is an estate or surviving family member bringing the claim;
- There are economic damages associated with the death.
A wrongful death lawsuit can be filed in the event of a slip and fall accident, car accident, medical malpractice accident, work-related death, or any other accident where another party is responsible for the loss of life.
According to Connecticut Code section 52-555, a wrongful death claim is simply a claim for injuries resulting in death. This means it is similar to a personal injury claim. Typically, a wrongful death claim is brought against a person or government agency, or company believed to have caused another individual’s death through their reckless, intentional, or negligent behavior.
Since the victim is no longer available to file the claim himself or herself, someone else must step in to bring the case to court on behalf of the decedent’s estate and surviving family members.
For a free legal consultation with a wrongful death lawyer serving Norwalk, call (855)-285-3425
Who Is Qualified to File a Wrongful Death Claim in Connecticut?
Stringent laws govern Connecticut’s wrongful death claims. Only the estate’s administrator or personal representative can file a wrongful death claim. If the deceased did not appoint a personal representative in a will or any other relevant document, the court could posthumously appoint one on behalf of the decedent’s
The estate’s administrator files a lawsuit on behalf of all interested parties. The real parties of interest may include:
- Immediate Family Members – Immediate family members like spouses, children, and adopted children can request that the estate file a wrongful death claim on their behalf.
- Financial Dependents or Life Partners – Life partners or financial dependents come after immediate family in the pecking order. A domestic partner that depended on the deceased financially may request the estate administrator to file for compensation.
- Distant Family Members – Distant family members may recover damages, although not in all wrongful death cases. While distant family members are still blood relatives, they would need to have specific ties to or be financially dependent on the deceased. For instance, a grandparent who was supporting a child.
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What Types of Damages Are Recoverable?
In Connecticut, wrongful death cases have unique laws regarding the type of damages that one can recover. The types of recoverable damages are solely determined from the deceased person’s standpoint. Damages are measured by the losses the decedent suffered and not the loss of their surviving family members. For this reason, family members cannot be awarded damages award for sentimental reasons.
Under Connecticut’s laws, the estate executor or personal representative may recover damages for the loss of enjoyment of life and the decedent’s earning capacity. Additionally, the estate administrator can recover damages for any pain and suffering experienced by the decedent before his or her death. The court can also award reasonable damages for medical and funeral expenses.
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Can Surviving Dependents Or Family Members File for Punitive Damages?
If the decedent’s death was a result of the defendant’s malicious or negligent actions, the estate representative might recover punitive damage to punish the wrongdoer and to deter similar future misbehavior.
Even though surviving family members cannot file for punitive damages, the decedent’s spouse has an independent right to file a separate claim under another statute to recover damages for the loss of the support, companionship, and income that he or she got from the decedent. Besides, the spouse may recover damages for emotional loss.
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How do You Prove Negligence in a Wrongful Death Case In Connecticut?
Like many other states, Connecticut uses four elements to prove negligence in wrongful death cases; Duty of care, breach of duty, damage, and causation.
- Duty of Care: The plaintiff (estate executor) must first provide evidence in court to prove that the defendant(at-fault party) owed the decedent a duty of reasonable care in the given situation. When someone owes another person a duty of care, they are obliged by law to ensure that person’s safety and well-being. The defendant will be liable for the decedent’s death if the court discovers that they owed the victim a duty of care.
- Breach of duty: Next, the plaintiff must show the court how the defendant violated or breached this duty of care through a specific action or inaction when another reasonable individual in the same circumstances would have acted appropriately. When someone fails to fulfill their duty of care, they are said to have breached it.
- Damage: The defendant’s action or inaction (breach of duty) directly resulted in the decedent’s death. The plaintiff must show that the defendant’s breach of duty directly caused the deceased person’s death. Damage is the simplest element to prove in a wrongful death claim because the damage caused was the decedent’s untimely demise.
- Causation: Finally, the plaintiff must be able to show proof that the decedent’s demise resulted from the defendant’s actions or inactions.
Connecticut’s Modified Negligence Rule
Connecticut also follows a modified type of comparative negligence rule. This means that if a wrongful death victim is liable for more than 50 percent for an accident, he/she cannot recover anything.
How do You Start a Wrongful Death Claim in Connecticut?
When a loved one dies a wrongful death in Connecticut, his/her estate can pursue compensation through the estate administrator or personal representative. This is how to start a wrongful death claim in Connecticut.
- Pre-litigation – The first step in a wrongful death claim process is preparing to file a lawsuit. The decedent’s estate administrator, together with the attorney, need to:
- Set Up the Estate – The Norwalk wrongful death lawyer must file the claim in the decedent’s home county or where the deceased person might have brought a personal injury claim if they were alive. The civil claim must be brought within two years from the date of the death.
- Investigation – The facts and circumstances of the death need to be investigated. Through the help of their wrongful death attorney, the estate will set up an inquiry to lead investigations.
- Determining and Notifying Responsible parties – After investigations are done and the at-fault party has been established, the attorney will inform them about the intent to bring a civil lawsuit against them.
- Negotiation & Settling – In some situations, the defendant may approach the plaintiff with an out-of-court settlement deal. If you don’t take the deal, you still hold your right to proceed with a wrongful death lawsuit. If the defendant offers you a reasonable and fair deal, you may want to consider taking it since you are not guaranteed to win the case.
- Filing the Claim – If negotiations fail to bear fruits, it’s time to sue for wrongful death. An Injured CT wrongful death lawyer will help you begin the claims process by filing a complaint or a writ of summons in the courthouse. The defendant will be served with the complaint.
- Litigation – The litigation process involves the pre-trial, trial, and arbitration. During litigation, parties may still hold negotiations, but the case will proceed to trial if no consensus is reached. When the case goes to trial, the judge or jury presiding over the case will submit a final verdict which will determine the settlement or compensation to be awarded to the plaintiff, if any.
How Long do I Have to File a Wrongful Death Claim?
Connecticut has a two-year statute of limitations on wrongful death claims. In some cases, a claim can be brought even if it has been more than two years since the death. It’s always important to talk with an attorney.
Contact a Norwalk Wrongful Death Lawyer
The sudden, unexpected passing of a loved one can be a tragic event in life. Such a loss can bring overwhelming grief to surviving family members, making it difficult for them to handle ensuing legal issues. When someone dear to you dies due to someone else’s negligence, the legal outcomes can be complex.
Injured CT has been helping individuals and surviving family members with their rights for decades. We serve clients throughout Connecticut. Our Norwalk wrongful death attorneys have extensive experience dealing with wrongful death claims and pursuing compensation on our clients’ behalf.
If you have lost someone dear to you in a Norwalk accident, please contact a compassionate Norwalk wrongful death lawyer at Injured CT – we can help.
Call Injured CT today for a free case evaluation.
Call or text (855)-285-3425 or complete a Free Case Evaluation form