The loss of a family member is a devastating event, leaving an emotional void that can never be filled. When that loss is sudden, unexpected, and caused by the carelessness or wrongdoing of another person or entity, the grief is often compounded by confusion, anger, and a sense of profound injustice. In these situations, Connecticut law provides a path for holding the responsible party accountable through a civil action known as a wrongful death lawsuit.

While no amount of money can replace a loved one, a wrongful death claim can provide financial stability for grieving families and ensure that justice is served. Understanding what scenarios constitute a wrongful death is the first step for families considering their legal options. These lawsuits arise from a wide range of circumstances where negligence or a wrongful act leads to a fatality. A knowledgeable wrongful death lawyer can help navigate this complex legal landscape, but this guide will provide clear, fact-based examples of situations that frequently lead to wrongful death lawsuits in CT.

Understanding the Foundation of a Wrongful Death Lawsuit in CT

Before exploring specific examples, it is important to understand what a wrongful death claim is at its core. In Connecticut, these claims are governed by Connecticut General Statutes § 52-555. This statute allows the representative of a deceased person's estate to file a lawsuit when the death was caused by another party's negligence or wrongful act.

To succeed in a wrongful death claim, the person filing the lawsuit (the plaintiff) must prove four key elements:

1. A Duty of Care Existed: The person or entity being sued (the defendant) had a legal responsibility to act with a certain level of care toward the deceased. For example, all drivers have a duty to operate their vehicles safely.
2. The Duty Was Breached: The defendant failed to meet that standard of care. A driver who was texting while driving has breached their duty.
3. Causation: The defendant's breach of duty was the direct and proximate cause of the victim's death.
4. Damages Occurred: The death resulted in specific, compensable losses for the estate.

It is important to distinguish a wrongful death lawsuit from a criminal case like manslaughter or homicide. A criminal case is brought by the state to punish the offender with fines or imprisonment. A wrongful death lawsuit is a civil case brought by the decedent’s estate to secure financial compensation for the losses suffered as a result of the death. A single incident can lead to both types of cases.

Common Scenarios Leading to a Wrongful Death Lawsuit in CT

Wrongful death can occur in almost any setting. However, certain types of accidents and acts of negligence are more commonly associated with these tragic outcomes. The following examples illustrate circumstances that often form the basis of a wrongful death lawsuit in Connecticut.

Motor Vehicle Accidents: A Leading Cause of Wrongful Death Claims

Roadways are the site of a significant number of preventable fatalities each year. When a driver's negligence causes a fatal crash, the victim's family may have grounds for a lawsuit.

• Car Accidents: These are perhaps the most common source of wrongful death litigation. Examples include fatalities caused by drunk or drugged driving, aggressive driving, excessive speeding, distracted driving such as texting, and running red lights or stop signs. According to data analyzed by the National Highway Traffic Safety Administration (NHTSA), thousands of lives are lost annually due to such preventable driver behaviors.
• Commercial Truck Accidents: Collisions involving large commercial trucks—tractor-trailers, semis, and construction vehicles—are often catastrophic. These cases are more complex because liability may extend beyond the driver to the trucking company for negligent hiring or training, the maintenance provider for failing to service the vehicle properly, or even the manufacturer for a defective truck part. An experienced wrongful death lawyer is essential to investigate these intricate chains of liability.
• Motorcycle, Pedestrian, and Bicycle Accidents: Motorcyclists, pedestrians, and cyclists are exceptionally vulnerable on the road. Drivers who fail to yield the right-of-way, are inattentive at crosswalks, or make unsafe turns can easily cause a fatal accident. These claims often hinge on proving a driver’s failure to see and respect these more exposed individuals.
• Nursing Home Abuse: When families in Connecticut entrust a nursing home with the care of an elderly loved one, they are placing faith in the facility's legal and ethical duty to protect its residents. Tragically, this trust is sometimes broken by severe nursing home abuse or neglect, which can directly lead to a resident's death. Fatalities can arise from a range of inexcusable failures, such as a resident developing sepsis from untreated bedsores, suffering a deadly fall due to inadequate supervision, or experiencing organ failure from malnutrition and dehydration. When a resident's death is the result of such negligence, it provides grounds for the family to file a wrongful death lawsuit against the facility. This legal action serves not only to pursue compensation for the preventable loss of life and the resident's suffering but also to hold the negligent care facility accountable for its devastating breach of duty.

Medical Malpractice: When a Trusted Professional's Negligence is Fatal

We place immense trust in doctors, nurses, surgeons, and other healthcare providers. When that trust is broken by a preventable error that results in death, it constitutes medical malpractice. Pursuing a wrongful death lawsuit in these cases requires demonstrating that the provider's care deviated from the accepted medical standard.

Examples of fatal medical negligence include:

• Misdiagnosis or Delayed Diagnosis: A doctor's failure to correctly identify a life-threatening condition like a heart attack, stroke, or aggressive cancer in a timely fashion can rob a patient of the chance for effective treatment.
• Surgical Errors: Mistakes made during an operation are a serious form of malpractice. This can include operating on the wrong body part, leaving a surgical instrument inside the patient, or errors in administering anesthesia.
• Birth Injuries: Negligence during pregnancy, labor, or delivery can lead to the tragic death of an infant or the mother. This could involve failing to monitor fetal distress or not performing a timely C-section.
• Medication Errors: Administering the wrong medication, the wrong dosage, or a drug to which the patient has a known allergy can have fatal consequences. This can be the fault of the prescribing doctor, the dispensing pharmacist, or the administering nurse.

Premises Liability: Unsafe Property Conditions and Fatal Accidents

Property owners and managers in Connecticut have a legal obligation to maintain their premises in a reasonably safe condition for visitors, guests, and tenants. When they fail to do so and someone is fatally injured as a result, the owner can be held liable.

Common examples include:

• Slip and Fall Accidents: While often associated with minor injuries, a fall can be deadly, especially for older adults. A fatal fall could be caused by an uncleared icy walkway, a spill on a supermarket floor, a poorly lit staircase, or a broken handrail.
• Negligent Security: In places like apartment complexes, hotels, parking garages, or shopping centers, property owners may have a duty to provide adequate security measures, such as working locks, sufficient lighting, and security patrols. If a person is fatally assaulted or attacked due to a clear lack of security, the property owner may be held responsible.
• Drowning Accidents: Property owners with swimming pools must ensure they are properly secured with fences, gates, and covers to prevent unauthorized access, particularly by children. A drowning death in an unsecured or poorly maintained pool can be grounds for a wrongful death claim.

Defective Products: When Consumer Goods Cause Death

Companies that design, manufacture, and sell products have a responsibility to ensure their goods are safe for consumers. When a defective product leads to a death, a product liability lawsuit can be filed against any party in the chain of distribution.

These defects typically fall into three categories:

1. Design Defects: The product’s inherent design is unreasonably dangerous. For example, a vehicle model that is top-heavy and prone to rollovers or a piece of machinery designed without a necessary safety guard.
2. Manufacturing Defects: A flaw occurred during the production process that made a specific item or batch unsafe. Examples include a batch of contaminated medicine or a vehicle built with a faulty weld in its frame.
3. Marketing Defects (Failure to Warn): The product was sold without adequate instructions for safe use or clear warnings about its non-obvious dangers. This could involve a powerful chemical sold without proper handling warnings or a medical device without information about potential fatal side effects.

Workplace Accidents: Pursuing a Wrongful Death Lawsuit Beyond Workers' Comp

In most cases, when an employee dies on the job, their family’s financial recourse is limited to workers' compensation benefits. This system generally prevents employees from suing their employers directly. However, there are critical exceptions where a wrongful death lawsuit is possible:

• Third-Party Liability: The death was not caused by the employer or a co-worker but by a negligent third party present at the worksite. For instance, if a delivery driver from another company recklessly hits and kills a worker, or if an electrician is killed by faulty equipment made by an outside manufacturer, a lawsuit can be filed against that third party.
• Intentional Acts: In rare and extreme situations, if an employer intentionally created a situation they knew was almost certain to cause death, a lawsuit may be permitted outside the workers' compensation system.

Who Can File a Wrongful Death Lawsuit in CT?

A common point of confusion is who has the legal right to initiate the lawsuit. In Connecticut, the surviving family members (like a spouse or child) cannot file the lawsuit directly. Instead, the claim must be brought by the executor or administrator of the deceased person’s estate.

This individual is either named in the decedent's will or, if there is no will, appointed by a probate court. The executor or administrator acts on behalf of the estate to recover damages. An experienced wrongful death attorney in Connecticut can guide the family through the necessary probate court proceedings to have an administrator appointed so the claim can move forward.

What Kind of Compensation Is Available in a Wrongful Death Claim?

The compensation, or "damages," recovered in a successful wrongful death action is paid to the estate. From there, it is distributed to the beneficiaries, such as the surviving spouse and children, according to state law. The purpose of these damages is to compensate for the full extent of the loss.

In Connecticut, recoverable damages can include:

• Medical and hospital bills incurred as a result of the final injury.
• Funeral and burial expenses.
• Conscious pain and suffering experienced by the deceased between the time of injury and death.
• The loss of the decedent's capacity to earn income over their expected lifespan.
• The value of the loss of the decedent's ability to enjoy life's activities.

Connecticut's approach is somewhat unique, as it measures damages primarily from the perspective of the deceased person—what they lost—rather than focusing solely on the grief and emotional suffering of the surviving family members. The calculation of these damages is complex and often requires the testimony of economic and vocational experts to establish the full value of the life that was lost.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

Navigating the aftermath of a loved one's death is an overwhelming experience. Pursuing legal action can feel like an impossible burden during such a difficult time. However, holding the negligent party accountable can be an important step toward finding closure and securing your family's financial future.

At Brandon J. Broderick, Attorney at Law, we understand the profound sensitivity and legal complexity of these cases. Our dedicated team approaches every wrongful death claim with compassion, determination, and the legal skill needed to uncover the truth. We are here to handle the legal burdens so you can focus on healing. If you believe your family member's death was caused by someone else's negligence, please contact our office for a free, confidential consultation to discuss your rights and options.