A death caused by the negligence of another person or entity is referred to as "a wrongful death" in legal terms. What constitutes a wrongful death? Consider these examples. If a loved one passes away from cancer, a doctor or other healthcare practitioner cannot be held liable. A death would be deemed unjustified and a wrongful death if it was the result of a negligent act, such as medical negligence, drunk driving, or intentional violence.

When a death is caused by negligence, who is held liable? We will discuss this a bit more in-depth below. However, if you have questions about your specific situation, we urge you to reach out to the Connecticut wrongful death lawyers at Brandon J. Broderick, Attorney at Law, for reliable advice.

Call us today for a free case evaluation.

What to Know About "Wrongful Death" in Connecticut

A wrongful death happens when someone dies and another person or entity is to blame, including by:

• an intentional act
• a negligent act (like a car accident)
• medical malpractice

In a successful wrongful death case, the defendant's liability is measured by the amount of damages that the court orders the defendant to pay to the deceased person's survivors or estate. This is one key distinction between a criminal homicide prosecution and a wrongful death suit. A conviction in a criminal case may result in jail or prison time, state-imposed fines, probation, and other punishments.

A wrongful death civil case and a criminal homicide prosecution differ in additional ways. For instance, the prosecution must prove the accused's guilt "beyond a reasonable doubt" in a criminal case, which can be very difficult. In a civil case, the defendant's liability must only be established "by a preponderance of the evidence," which means that it must be clear that the defendant caused the death more often than not. A defendant may be sued for wrongful death in a civil court while being investigated for a crime connected to the same incident. However, a single act may result in both criminal charges and a wrongful death claim.

Who Can File a Wrongful Death Claim?

In contrast to other personal injury lawsuits, the victim of a wrongful death cannot pursue compensation from the person or entity that caused their injuries. Instead, someone else must intervene and file a lawsuit on behalf of the victim's heirs and estate.

The family of the deceased person may bring a wrongful death claim in various states. However, in Connecticut, a wrongful death lawsuit can only be filed by the executor or administrator of the deceased's estate, as stated in Connecticut General Statute § 52-555.

The court may appoint an executor or administrator if the deceased had no estate plan, such as a will, or if the named executor or administrator was unable to carry out their duties. This individual is in charge of completing the estate's operations and pursuing any wrongful death claims.

How to Prove a Wrongful Death Claim

The legal counsel of the deceased's estate must demonstrate the following, in order for surviving family members to seek compensation in a wrongful death lawsuit:

• Duty of Care: The person at-fault for the accident had a duty of care to the deceased, such as the responsibility to drive safely and abide with the law.
• Breach of Duty: The at-fault party violated their duty by failing to act with the same degree of caution that a prudent person would have displayed in a comparable circumstance, such as a driver who speeds through an intersection with pedestrian traffic or operates a vehicle while intoxicated.
• Causation: The person's death was directly brought about by the at-fault party's failure to exercise reasonable care.
• Damages: The loss of their loved one caused losses for the surviving family.

Damages in a Connecticut Wrongful Death Case

In a successful Connecticut wrongful death case, the court orders the defendant to compensate the estate of the deceased person for "damages". Based on the different categories of losses, the court will decide the amount of damages, including:

• The deceased's pain and suffering before passing away.
• Medical costs related to the injury that led to their death.
• Burial and funeral costs.
• Loss of the deceased's income.
• Inheritance loss.
• Hospital and related medical costs related to their injuries or illness before passing away.
• Loss of consortium.

Statute of Limitations for a Wrongful Death Case in CT

A legislation known as the "statute of limitations" establishes a deadline for filing wrongful death claims. In Connecticut, a wrongful death claim cannot be filed more than five years after an incident that resulted in the person's death, but it must be submitted within two years of the person's death.

However, a wrongful death claim may be filed at any time if the individual who caused the death was ultimately found guilty or not guilty of any of the following criminal offenses due to a mental illness or defect:

• murder
• felony murder
• arson murder
• manslaughter in the first degree
• manslaughter in the first degree with a firearm

Need a CT Wrongful Death Attorney?

It's a good idea to speak with a Connecticut personal injury attorney at Brandon J. Broderick, Attorney at Law, if you're thinking about filing a wrongful death claim in Connecticut. A PI lawyer with experience in this field can explain how the law might apply to your particular situation because wrongful death lawsuits can be complex.

Contact our CT offices today to schedule a call with one of our lawyers.