When a loved one is murdered, the emotional toll on families is overwhelming, and the criminal justice system can provide some sense of relief and justice by prosecuting the person responsible. However, criminal convictions do not directly address the financial and emotional losses experienced by the victim's family. In Connecticut, surviving family members may file a wrongful death lawsuit, even when the death resulted from intentional acts like murder. This civil claim allows families to seek financial compensation for the losses that were incurred due to their loved one's death.

Understanding Wrongful Death in Connecticut

A wrongful death claim in Connecticut is a civil lawsuit brought by the family of a deceased individual against the party responsible for the death. It is distinct from a criminal case, which is pursued by the state and can result in penalties such as imprisonment. In contrast, a wrongful death claim focuses on compensating the surviving family members for their losses.

Connecticut General Statutes § 52-555 allows for wrongful death claims to be filed by the executor or administrator of the deceased's estate. This statute covers cases where death was caused by negligence, reckless conduct, or intentional actions such as murder. Therefore, even if the defendant is facing criminal charges, the family can move forward with a wrongful death lawsuit in civil court.

Key Elements of a Wrongful Death Claim

For a wrongful death lawsuit to succeed, certain elements must be proven in court. These include:

• Death of a person: This is the first and most fundamental element. The claim must involve a deceased individual.
• Intentional or wrongful act: In cases of murder, the death results from intentional, malicious actions. The family must demonstrate that the defendant's actions directly led to the death.
• Family suffering damages: The family must show that they have suffered financially or emotionally due to the death.
• Executor or administrator filing the claim: Only the executor or administrator of the deceased's estate has the legal right to file a wrongful death claim in Connecticut.

Filing a Wrongful Death Claim After Murder

When the death of a loved one results from murder, pursuing a wrongful death lawsuit offers a different avenue for justice than the criminal trial. Even if the defendant is convicted of murder and sentenced to prison, the family can still file a wrongful death claim to go after financial compensation. Conversely, if the defendant is not convicted in criminal court, the family can still win in civil court since the standard of proof is easier to meet.

Here's how the process typically works:

1. Consulting with an attorney: Working with an experienced wrongful death attorney is important in navigating the complexities of such a claim. They will gather evidence from the criminal case and present it in the civil trial.
2. Filing the lawsuit: The lawsuit must be filed within two years of the deceased's death, as per Connecticut's statute of limitations for wrongful death claims.
3. Building the case: Evidence, such as witness testimonies, police reports, and forensic data from the criminal investigation, will be vital in proving the wrongful death case.
4. Negotiations and trial: The attorney may seek a settlement with the defendant, or the case may go to trial where the judge or jury will decide the compensation owed to the family.

Damages Recoverable in a Wrongful Death Claim

Families who have lost a loved one due to murder can seek various types of compensation through a wrongful death claim. These damages may include:

• Funeral and burial expenses: Expenses for the funeral and burial of the deceased may be covered through compensation.
• Loss of financial support: If the deceased was financially supporting their family, the claim can request compensation for the lost wages.
• Loss of companionship: The emotional suffering caused by the death of a loved one is compensable. This includes loss of companionship, love, and support.
• Medical expenses: If the deceased incurred medical bills before passing, these can also be claimed.
• Punitive damages: In Connecticut, punitive damages may be awarded in cases involving intentional misconduct, such as murder. These damages are meant to punish the wrongdoer for their actions.

Wrongful Death vs. Criminal Prosecution

While a criminal prosecution focuses on punishing the offender, a wrongful death lawsuit provides the family with the opportunity to recover financial compensation. It is important to note that:

• Burden of proof: In criminal cases, guilt needs to be established beyond a reasonable doubt. In civil cases like wrongful death, the standard is lower, requiring proof by a preponderance of the evidence.
• Independent processes: A criminal trial and a wrongful death lawsuit are independent of one another. The outcome of one does not necessarily influence the outcome of the other.
• Simultaneous cases: The family may pursue a wrongful death claim at the same time the criminal case is underway, or they may wait until the criminal proceedings have concluded.

Statistics and Legal Precedents

While murder cases are relatively rare, wrongful death claims related to intentional acts such as homicide make up a significant portion of civil lawsuits. In Connecticut, wrongful death claims related to murder or homicide may provide families with millions in compensation, depending on the circumstances of the case. For example, the infamous O.J. Simpson case is one where the defendant was acquitted in criminal court but was found liable in a wrongful death lawsuit and ordered to pay substantial damages.

Conclusion

In Connecticut, families who have lost a loved one to murder have the right to file a wrongful death claim, even if the responsible party is already facing criminal prosecution. This civil action allows families to seek compensation for their financial losses and emotional suffering. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating a Wrongful Death Claim in Connecticut can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.