When a family member or loved one is killed due to someone else’s negligence, you have the option to file a wrongful death lawsuit.
A wrongful death claim is a legal action whose purpose is to recover compensation for the losses due to a death caused by an intentional act or negligence. It is similar to a personal injury claim your loved one could have filed if they survived.
Each state has specific laws covering wrongful death lawsuits. It is important to understand the specifics of Connecticut’s wrongful death law to increase your chance of recovering compensation after losing a loved one.
Proving wrongful death
The legal definition of wrongful death in Connecticut is a death due to someone else’s wrongful act, default or neglect. You must meet certain conditions to successfully prove wrongful death.
First, you must prove that the defendant owed a duty to your loved one, such as a duty to keep them safe or act in a reasonable manner. Next, you must show that they breached that duty.
From there, you must show that there is a direct link between the intentional or negligent action and the death. Additionally, you must prove your numbers when it comes to requesting compensation.
Economic and non-economic damages
You can recover various types of damages from a wrongful death claim. The losses you sustain after the death of a family member or loved one are numerous.
For example, if you file a wrongful death lawsuit and claim $50,000 in medical expenses, you must provide documentation showing that your deceased loved one’s medical bills totaled $50,000.
In addition to recovering damages for medical expenses and lost income, you could receive compensation for emotional damages, such as the loss of your loved one’s companionship and the mental trauma their death has on you.
These are called non-economic damages. They are generally harder to prove than economic damages, such as medical bills. Documenting how these losses impact your daily life, such as keeping a journal, or providing documentation of participation in grief counseling or other mental health treatment are examples of strategies to prove non-economic damages.
Who can file for wrongful death?
Only certain individuals can file a wrongful death claim. Spouses, children or other immediate family members typically qualify for wrongful death benefits.
However, the wrongful death claim itself must be filed by the administrator or executor of the deceased’s estate. The administrator or executor files the claim, participates in the litigation and distributes any damages to the appropriate beneficiaries.
If you are considering filing a wrongful death claim, pay attention to the timing. The statute of limitations for wrongful death lawsuits in Connecticut is two years from the date of death.
The statute of limitations could be extended in certain situations, but it is rare. It is important to act quickly and file as soon as you can to preserve your rights.