The loss of a family member is a devastating experience. When that loss is caused by someone else's negligence, the grief is often compounded by anger and confusion. This is especially true when the deceased had a pre-existing medical condition. Families may worry that an insurance company will refuse to take responsibility, blaming the death on their loved one's prior health issues rather than the at-fault party's actions.
In Connecticut, however, having a pre-existing condition does not automatically prevent a family from pursuing a successful wrongful death lawsuit. While it introduces complexities that must be carefully managed, the law provides a clear path for holding negligent parties accountable. The key is understanding how the defendant’s actions interacted with the victim's health and proving that the negligence was a substantial factor in causing the death.
This article explores the relationship between pre-existing conditions and wrongful death claims in Connecticut, outlining the legal principles, defense tactics, and the evidence needed to build a strong case.
What Constitutes a Wrongful Death Claim in Connecticut?
Before examining the role of pre-existing conditions, it is important to understand the foundation of a wrongful death claim. Under Connecticut General Statutes § 52-555, a wrongful death action can be brought when a person's death is caused by the "negligence or wrongful act" of another. The executor or administrator of the deceased person's estate files the lawsuit on behalf of the estate and its beneficiaries.
To succeed, the plaintiff (the person filing the suit) must prove four elements:
- Duty: The defendant owed the deceased a duty of care (e.g., the duty to drive safely).
- Breach: The defendant breached that duty (e.g., they ran a red light).
- Causation: The defendant's breach was a direct and proximate cause of the death.
- Damages: The death resulted in losses for the estate and its beneficiaries.
The most contentious element when a pre-existing condition is involved is causation. The defense will often argue that the condition, not their client's actions, was the true cause of death.
The Eggshell Skull Rule and Its Impact on a Wrongful Death Lawsuit
A cornerstone of personal injury and wrongful death law in Connecticut is the "Eggshell Skull Rule," also known as the "thin skull" doctrine. This legal principle holds that a defendant must take the victim as they find them.
In simple terms, it means that if a person is unusually vulnerable to injury because of a pre-existing condition, the at-fault party is still responsible for the full extent of the harm caused, even if that harm was unforeseeable.
Imagine a minor car accident that would cause only bruises in a healthy person. If the victim has a condition like hemophilia or brittle bone disease and dies from the impact, the negligent driver is responsible for the death—not just the bruises a "normal" person would have sustained. The defendant cannot argue, "It's not my fault they were so fragile." The pre-existing weakness of the victim is not a valid defense against liability.
This rule is powerful in wrongful death cases involving conditions like
- Heart disease or hypertension
- Diabetes
- Asthma or COPD
- Aneurysms
- Cancer
- Blood clotting disorders
The trauma or stress from an accident can aggravate these conditions, leading to a fatal event like a heart attack, stroke, or respiratory failure. Under the Eggshell Skull Rule, the defendant is liable for that outcome.
Defense Strategies Involving Pre-existing Conditions
Insurance companies and their defense attorneys are skilled at using a victim's medical history to their advantage. When a pre-existing condition is present in a wrongful death claim, they will typically employ two main strategies.
Attacking Causation
The primary defense tactic is to argue that the defendant's negligence was not the cause of death. They will attempt to break the "chain of causation" by claiming the death was an inevitable result of the pre-existing condition and would have happened even if the accident had never occurred.
For example, if a person with severe coronary artery disease dies of a heart attack two days after a car accident, the defense will hire medical experts to testify that the heart attack was a natural progression of the disease and was merely coincidental to the accident. Their goal is to convince a jury that the pre-existing condition was the sole proximate cause of the death.
Minimizing Damages
If the defense cannot completely defeat the causation argument, their backup strategy is to reduce the amount of compensation the family can receive. Damages in a wrongful death lawsuit are intended to compensate the estate for losses, including the loss of the deceased's future earning capacity and their loss of the ability to enjoy life's activities.
The defense will argue that because of the pre-existing condition, the deceased had a shorter life expectancy and a diminished capacity to earn income anyway. They will present statistical data and expert testimony suggesting the victim would have lived only a few more years or would have been unable to work due to their health. By downplaying the victim's future prospects, they aim to significantly lower the value of the wrongful death claim.
Proving Causation: The Role of an Experienced Wrongful Death Attorney
Countering the defense's arguments requires a proactive and evidence-based approach. The burden of proof rests on the plaintiff to show that the defendant’s negligence was a substantial factor in causing the death. It does not have to be the only factor, but it must be a significant one. An experienced wrongful death attorney in Connecticut will build a case by gathering and presenting compelling evidence.
Expert Medical Testimony
The most powerful tool in these cases is the testimony of credible medical experts. A skilled wrongful death lawyer will work with physicians, coroners, and specialists who can review the deceased's medical history, the autopsy report, and the details of the accident. These experts can provide a professional opinion that establishes a clear medical link between the negligent act and the death.
They can testify, for example, that the physical trauma and emotional stress of a collision caused a spike in blood pressure that ruptured a pre-existing aneurysm, or that a fall in a nursing home led to an infection that a person with a compromised immune system from cancer treatment could not fight off.
Comprehensive Medical Records
A complete set of the deceased's medical records is essential. These documents create a timeline of their health both before and after the incident. If the records show that the pre-existing condition was stable, well-managed, and not life-threatening before the accident, it strengthens the argument that the defendant's negligence was the catalyst for their sudden decline and death.
Lay Witness Testimony
Testimony from family, friends, and coworkers can be incredibly effective in countering the defense's attempts to minimize damages. These witnesses can paint a picture of the deceased as a vibrant, active individual who, despite their medical condition, was fully engaged in life, work, and family activities. This humanizes the victim and shows a jury what was truly lost, refuting the defense's cold, statistical arguments about life expectancy.
How a Pre-existing Condition Can Influence Damages in a Connecticut Wrongful Death Lawsuit
In Connecticut, damages awarded in a wrongful death lawsuit are paid to the decedent's estate. The purpose of these damages is to compensate for the losses the deceased person suffered. This is a key distinction from some other states where damages focus on the grief of the survivors.
Connecticut law allows for the recovery of several types of damages:
- Medical expenses incurred between the injury and death
- Funeral and burial expenses
- The decedent's pain and suffering before death
- The loss of the ability to enjoy life's activities
- The loss of future earning capacity
A pre-existing condition can affect the calculation of the last two categories. The defense will argue for a reduction based on a shortened life expectancy. However, a skilled attorney will counter this by presenting a holistic view of the victim. They will argue that life expectancy tables are just averages and do not account for an individual who was diligently managing their condition. Evidence of the victim's lifestyle, future plans, and a positive prognosis from their treating physician can be used to argue for full compensation for the life that was cut short.
Hypothetical Scenarios: Wrongful Death and Pre-existing Conditions
To illustrate these concepts, consider two scenarios:
- Scenario A: The Slip and Fall. An 80-year-old man with osteoporosis slips on an icy sidewalk that a store owner negligently failed to salt. He breaks his hip, requires surgery, and develops a fatal blood clot in the hospital. The store owner's defense argues that an 80-year-old with osteoporosis could have broken a hip at any time and that blood clots are a known risk of surgery. A successful claim would use expert testimony to show that but for the fall caused by the icy sidewalk, the man would not have broken his hip, required surgery, or developed the fatal clot. The store owner is responsible for the entire chain of events their negligence set in motion.
- Scenario B: The Fender Bender. A 55-year-old woman with well-managed diabetes is in a minor rear-end collision. The immediate injuries are minor, but the stress of the event causes her blood sugar to become dangerously unstable. A week later, she suffers a fatal diabetic coma. The at-fault driver's insurance claims the coma was a result of her disease, not the accident. Her family's attorney could use her medical records and expert testimony from an endocrinologist to prove that the traumatic stress from the crash directly triggered the metabolic crisis that led to her death.
Don't Risk Your Family's Future: The Costly Mistakes of Navigating a Wrongful Death Claim Alone
Cases involving pre-existing conditions are among the most complex in wrongful death law. They are battles of medical evidence and expert opinions. Insurance companies have vast resources and will aggressively exploit any mention of a prior health issue to deny or devalue a claim.
Attempting to navigate this process without experienced legal representation is a significant risk. A knowledgeable Connecticut wrongful death lawyer understands the Eggshell Skull Rule and knows how to anticipate and dismantle the defense's arguments. They have a network of trusted medical experts who can analyze the facts and provide the testimony needed to prove causation. They can build a compelling narrative that shows a jury not just how your loved one died, but how they lived—and what was wrongfully taken from them.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
Losing a loved one is a profound tragedy, and facing a legal battle while you are grieving can feel impossible. If your family member's death was caused by someone's negligence, and you are concerned about how their pre-existing health conditions might affect your case, you do not have to face this alone.
The legal team at Brandon J. Broderick, Attorney at Law, has the experience and compassion to handle these sensitive and complex cases. We are dedicated to fighting for the justice and compensation your family deserves. We will handle the legal burdens so you can focus on healing. Contact us today for a free, no-obligation consultation to discuss your case. We are available to assist you day or night.