When a wrongful death lawsuit in Connecticut does not result in a favorable outcome, families may wonder if they have the option to appeal. While an appeal is possible, it is not a retrial of the case but rather a legal review to determine if there were errors in the application of the law. This article explores the process, legal grounds, and important considerations for appealing a wrongful death claim in Connecticut.

Understanding Wrongful Death Claims in Connecticut

A wrongful death claim arises when an individual’s death is caused by another party’s negligence, recklessness, or intentional wrongdoing. In Connecticut, these claims are governed by Connecticut General Statutes § 52-555, which allows the executor or administrator of the deceased’s estate to pursue compensation for losses such as:

• Medical expenses incurred before death
• Funeral and burial costs
• Lost income and earning potential
• Pain and suffering endured by the deceased
• Loss of consortium (compensation for the impact on surviving loved ones)

While a wrongful death claim seeks to provide financial relief for the victim’s estate and family, the legal process can be complex, and a decision may not always be in the plaintiff’s favor. If a case is dismissed or results in an unfavorable verdict, an appeal may be an option.

When Can You Appeal a Wrongful Death Verdict?

In Connecticut, a wrongful death lawsuit can be appealed under specific circumstances. However, an appeal is not about presenting new evidence or retrying the case. Instead, appellate courts examine whether legal errors affected the outcome. Common grounds for appeal include:

1. Procedural Errors

If the court made a mistake in following legal procedures, such as allowing inadmissible evidence or improperly instructing the jury, an appeal may be justified.

2. Misinterpretation or Misapplication of the Law

Appellate courts review whether the judge applied the law correctly. If a misinterpretation of a statute or legal precedent significantly influenced the verdict, an appeal may be warranted.

3. Insufficient or Biased Jury Instructions

Jury instructions play a vital role in how a case is decided. If the judge provided incorrect or misleading guidance, the verdict could be challenged.

4. Evidentiary Issues

If evidence was improperly admitted or excluded in a way that impacted the trial’s fairness, an appeal could be considered.

5. Attorney Misconduct or Judicial Bias

If there is evidence that an attorney engaged in unethical conduct, or if the judge showed bias, these could be valid reasons for an appeal.

The Appeals Process for a Connecticut Wrongful Death Claim

Appealing a wrongful death case involves several legal steps. The process can take months or even years, depending on the complexity of the case.

1. Filing a Notice of Appeal

The first step is filing a Notice of Appeal with the appropriate appellate court. In Connecticut, this must be done within 20 days after the trial court issues a final judgment.

2. Preparing the Appellate Brief

The appealing party (appellant) submits a written argument called an appellate brief, outlining the legal errors that justify reconsideration. The opposing party (appellee) then has an opportunity to submit a response brief.

3. Oral Arguments

In some cases, the court may schedule oral arguments where attorneys present their case before appellate judges, answering questions regarding the legal basis of the appeal.

4. Appellate Court Decision

The Connecticut Appellate Court reviews the arguments and issues a decision. The court may:

• Affirm the trial court’s decision, meaning the original ruling stands.
• Reverse the decision, leading to a new trial or modified judgment.
• Remand the case, sending it back to the trial court with instructions on correcting legal errors.

If a party disagrees with the appellate ruling, they may request a further appeal to the Connecticut Supreme Court, though this is granted in only select cases involving significant legal questions.

How Long Does an Appeal Take?

The appeals process is often lengthy. It can take several months to a few years for the Connecticut Appellate Court to issue a ruling. The timeline depends on factors such as:

• The complexity of the legal arguments
• The availability of the court
• Whether the case is escalated to the state Supreme Court

Should You Appeal a Wrongful Death Case?

Deciding whether to appeal requires a careful legal assessment. While appeals can provide a path to justice, they also involve additional time, legal costs, and uncertainty. Factors to consider before appealing include:

• Strength of the Legal Arguments: If there are clear procedural or legal errors, an appeal may be justified.
• Financial and Emotional Costs: Appeals require resources and patience, and the process can prolong closure for the family.
• Likelihood of Success: Consulting with an appellate attorney can help determine whether an appeal has merit.

Working with an Experienced Connecticut Wrongful Death Attorney

Navigating a wrongful death appeal requires legal expertise. An attorney with experience in appellate law can assess whether an appeal is viable, build a compelling legal argument, and handle the procedural complexities.

If your wrongful death case did not result in a favorable outcome, speaking with a knowledgeable lawyer can help you determine the best course of action.

Conclusion

Appealing a wrongful death claim in Connecticut is possible, but it requires legal grounds such as procedural errors, misinterpretation of the law, or evidentiary issues. The appellate process is complex, and success depends on the strength of the legal arguments presented. Before pursuing an appeal, families should carefully weigh the potential benefits and challenges with an experienced attorney.

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

Navigating Connecticut Wrongful Death claims 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.