A wrongful death lawsuit occurs when someone’s negligent, reckless, or intentional actions result in the death of another person. The primary objective is to ensure accountability for those responsible and to offer financial compensation to the surviving family members affected by the loss.
In Connecticut, these cases are governed by the Connecticut Wrongful Death Act. It explains who can file such a lawsuit, what damages can be claimed, and the time limit for filing.
Who Can File a Wrongful Death Lawsuit in Connecticut?
Only a personal representative can file a lawsuit on behalf of specific family members entitled to compensation. These usually include:
- Surviving Spouse: The spouse of the deceased person has the first right to file.
- Children: If there is no surviving spouse, children can file.
- Parents: If the deceased is a minor, parents can file. If the deceased is an adult with no spouse or children, parents can also file.
- Other Dependents: In some cases, other relatives who depended on the deceased for financial support can file.
- The personal representative is typically appointed by the deceased person’s will or by the court if there is no will or appointed representative.
Proving Liability in Wrongful Death Cases
To win a wrongful death lawsuit, the person filing (plaintiff) must prove:
- Duty of Care: The responsible party owed a duty of care to the deceased.
- Breach of Duty: The responsible party failed to meet that duty due to negligence, recklessness, or intent.
- Causation: The actions of the responsible party directly caused the death.
- Damages: The surviving family members suffered losses due to the death.
Types of Damages in Connecticut Wrongful Death Cases
- Economic Damages: These cover financial losses like medical bills, funeral costs, lost income, and the value of services provided by the deceased.
- Non-Economic Damages: This includes intangible losses such as pain and suffering, and loss of companionship for family members.
- Punitive Damages: These may be awarded in cases of extreme negligence to punish the responsible party and discourage similar behavior.
Who Can File a Claim?
You may be eligible to file if:
- Your loved one died due to someone else’s negligence or wrongful actions.
- You are a surviving spouse, child, parent, or dependent relative.
- You relied on the deceased person for financial support.
- It’s within the statute of limitations, typically two years from the date of death in Connecticut.
- It’s important to seek legal advice, even if you think you’re past the time limit.
How can I determine if I can file a wrongful death claim in Connecticut?
To assess whether you qualify to file a wrongful death claim in Connecticut, consider these points:
- Was your loved one’s death caused by someone else’s negligence or wrongful actions?
- Are you the surviving spouse, child, parent, or dependent relative of the deceased? If not, have these survivors agreed for you to file the claim as the personal representative of the deceased?
- Did you depend on the deceased person for financial support or services?
- What is the timeframe since the death or original injury occurred? Typically, in Connecticut, you have two years from the date of death to file a claim, though there are exceptions.
Deciding if you can pursue a wrongful death claim can be difficult, especially when you’re grieving. Getting advice from a skilled wrongful death lawyer in Connecticut is vital to knowing your rights. A lawyer can assess what happened to your loved one, explain if you have a legal case, and help you navigate the steps to file a claim. Even if you think it’s too late due to time limits, it’s smart to talk to a lawyer to explore your options.
Examples of Wrongful Death Claims
- Wrongful death lawsuits can arise from various situations such as:
- Car Accidents: Including drunk driving or distracted driving incidents.
- Truck and Motorcycle Accidents: Due to negligence or violations.
- Medical Malpractice: Errors in surgery, diagnosis, or medication.
- Workplace Accidents: Including falls, equipment malfunctions, or exposure to hazards.
- Defective Products: Faulty consumer goods causing harm.
- Premises Liability: Accidents on unsafe property like slips or inadequate security.
- Construction Accidents: Including falls or equipment failures.
- Nursing Home Neglect: Due to inadequate care or abuse.
If you believe you have a wrongful death case in Connecticut, contact experienced attorneys for guidance. The Reinken Law Firm is available 24/7, for a free consultation call at 203-541-0090.