When a loved one passes away during an accident in Connecticut, there may be a liable party the surviving members of the family can sue to recover damages. While this may be the last thing on your mind after someone close to you dies, it is important to ensure compensation is recovered to pay for all the expenses related to their death and to help provide for those they left behind.
In the case of an accident caused by another party's negligence, you may have the option to file a wrongful death lawsuit in CT against the party that caused the accident and you must prove that their death could have been avoided. A wrongful death case's success is dependent upon several factors, which are discussed in the article that follows.
Retaining an experienced CT wrongful death lawyer may also have an impact on the success of your case. You can get the help you need from Brandon J. Broderick, Attorney at Law. Allow us to alleviate the stress of the legal process while you mourn your loved one.
Wrongful Death Cases in CT
As in other states, including Connecticut, a wrongful death is when someone dies due to the legal fault of another party, whether it is an individual or an entity. This would include:
- an event caused by negligence (accident)
- medical malpractice
- intentional action (crime)
The defendant's liability in a successful wrongful death case is expressed in terms of financial compensation (also known as "damages"), which the court orders the defendant to pay to the survivor(s) or estate of the deceased. This is similar to a personal injury case in that regard.
Who Can File A CT Wrongful Death Claim?
The deceased in a wrongful death case is no longer able to seek compensation from the party or parties that caused the injury. Instead, someone else must intervene on behalf of the person's survivors and estate and take the case to court.
The family of the deceased may file a wrongful death claim in some states. However, in Connecticut, a wrongful death claim can only be filed by the executor or administrator of the deceased's estate, per Connecticut General Statute § 52-555.
The court may appoint an executor or administrator if the deceased passed away without a will or an estate plan designating one, or if the designated executor or administrator is unable to carry out their duties. This individual is in charge of "wrapping up" the estate's affairs and pursuing any wrongful death claims.
Damages In A CT Wrongful Death Case
A defendant will be ordered to pay the plaintiff's estate for "damages" in a successful Connecticut wrongful death lawsuit. "Damages" that are typically recovered in a wrongful death case include:
- Lost earning capacity by the deceased
- Pain and suffering suffered by the deceased before their death
- All medical expenses incurred and related to their final injuries
- Funeral and burial costs
- Loss of consortium
Wrongful death compensation could be doubled or tripled in scenarios where the other party caused the accident that led to the death intentionally or ignored traffic laws recklessly, pers Conn. Gen. Stat. § 14-295.
Our CT Wrongful Death Lawyers Are Ready To Help
After a tragic family loss, our CT wrongful death lawyers assist families seeking justice. While there is never anything that can make up for the loss of a loved one, not even money, being left with the financial burden of their death can be overwhelming.
Following such a tragic loss, Brandon J. Broderick, Attorney at Law can help you and your family begin to rebuild your life, as we manage your claim and put together your case.
To learn more about how we can help you, please call us today.