It's difficult to lose a loved one suddenly. Experiencing a loss is always difficult, but when it occurs as a result of someone else's recklessness or negligence, your pain is amplified by the knowledge that it was entirely avoidable.
In cases when another person's negligence directly led to the death of a loved one, the surviving family members may have the right to file a wrongful death suit to seek justice for their loss.
Yet, not everyone knows their rights or believes they are the type of person that files lawsuits. In the event of the death of a loved one, no amount of money can ever make up for the family's loss. However, a wrongful death lawsuit in Connecticut can help cover the costs of dealing with the tragedy. Wrapping up a person's estate and/or planning a service or funeral comes with hefty expenses. These are just a few of the costs that compensation can help cover.
In wrongful death cases, the surviving family members are advised to seek legal counsel. Brandon J. Broderick is an experienced wrongful death lawyer who can provide the legal support needed to help the family secure a favorable settlement. Being one of the top personal injury law firms in the Tri-State is a result of our dedication to our clients and our open, straightforward manner of doing business.
In the following blog post, we will give you an overview about filing a wrongful death lawsuit in Connecticut and what you need to know.
Wrongful Death Lawsuits in CT: How Do They Work?
To win a wrongful death suit, the plaintiff(s) must prove that the defendant's wrongdoing or negligence directly resulted in the death of the plaintiff's loved one.
There is a two-year time limit on filing a wrongful death claim in Connecticut. After a person dies, the clock starts ticking on the statute of limitations.
Bringing a wrongful death suit may be the last thing on your mind while grieving the loss of a loved one. Aside from that, there are some cases when the statute of limitations doesn't apply. But, if you hire an experienced personal injury attorney to help you file a wrongful death claim, they can advise you and take care of the details.
Just be aware that when a wrongful death lawsuit is filed, it can take time to complete. The length of a lawsuit for a wrongful death can be affected by:
- Whether there is a definitive cause of death, and;
- Whether the at-fault party has an admission of guilt.
It's not uncommon for the party accused of being negligent in one's death to want to find a way out of legal responsibility for the incident, even if they know they are at fault. In some cases, their defense in a wrongful death claim is that the deceased person contributed to their own death or that it was caused in whole or in part by another party.
Many instances of wrongful death necessitate litigation, even when one party admits blame. Legal action may be needed to determine who was at fault for your family member's death and in what percentage the other party is at fault. The length of time it takes to conclude a wrongful death claim may increase if the matter goes to court.
Who is Allowed To File a Wrongful Death Claim?
Wrongful death lawsuits are unique in that the injured party cannot sue the at-fault party for damages. Instead, a third party must step in and initiate legal action on behalf of the deceased person's estate and heirs.
In some places, the deceased's family can file a wrongful death suit. However, according to Connecticut General Statute § 52-555, only the executor or administrator of the deceased's estate may pursue a wrongful death claim in Connecticut.
If the deceased person did not leave a will or other estate planning documents, or if the nominated executor or administrator is unable to fulfill their responsibilities, the court may appoint a successor. This person is responsible for closing out the estate's business and filing any claims for wrongful death.
What Damages Can Be Recovered?
In Section 52-555, it states that the only damages an executor can seek compensation for are those actually sustained by the victim, not by any of the victim's heirs or other relatives. This means that the following are damages that can be recovered in a Connecticut wrongful death lawsuit:
- The deceased person's pain and suffering before their death
- Loss of future earning potential
- Loss of enjoyment of life and other related non-economic losses
Yet, a particular provision exists in the General Statutes of Connecticut that allows a surviving spouse to claim compensation for loss of consortium. In Section 52-555a, it states that: “Any claim or cause of action for loss of consortium by one spouse with respect to the death of the other spouse shall be . . . independent of all claims or causes of action for the determination of damages with respect to such death.”
How Are Surviving Family Members Compensated in a CT Wrongful Death Case?
Under Connecticut law, only the victim's executor can file a wrongful death claim (with the exception of a surviving spouse's claim for loss of consortium), leaving loved ones wondering how to go about seeking financial restitution after losing a family member due to the negligence of another.
If the executor files a wrongful death claim and wins, the victim's estate will receive the financial award. In general terms, a person's estate will include all of their assets and money when they pass away. Wrongful death awards are paid into the estate and then distributed to the surviving family members in accordance with the deceased's will or other estate planning documents.
Compensation for a wrongful death may seem simple, but actually dividing it up among the rightful heirs is not always that easy. For instance, many people do not include provisions for the distribution of unexpected damages awards in their estate plans. If a specific asset is not addressed in a will or trust, it may be divided in accordance with the general provisions of the victim's will or pursuant to Connecticut Law.
Furthermore, many people who are unjustly killed may not have time to make a will or other estate plans before they pass away. Many people put off making an estate plan until it's too late. Connecticut's intestate succession laws take effect when a person dies without a valid estate plan or will. In the absence of a will, trust, or other estate planning options, these rules dictate which members of the deceased person's immediate family are entitled to inherit their property.
A thorough legal analysis is required to determine which family members are entitled to the deceased's estate and how that estate should be distributed. If there is an estate plan and the estate receives a wrongful death award, it will distribute the money to the victim's heirs or beneficiaries as laid out in the planning.
Our CT Wrongful Death Lawyers Can Help You With Your Case
Discuss your options for filing a wrongful death claim in Connecticut with a CT personal injury lawyer at Brandon J. Broderick, Attorney at Law. Because of the complexity of wrongful death litigation, it is best to consult with a legal expert who has experience in this area to explain how the law might apply to your specific circumstances.
If you would like to speak with one of our attorneys, please contact our CT office right away.