Losing a loved one due to someone else’s negligence is devastating, and no financial award can ever truly compensate for the emotional toll. Yet, Connecticut law allows families to pursue a wrongful death claim to secure damages that account for both tangible and intangible losses. While economic damages cover measurable financial costs, non-economic damages acknowledge the profound human impact of a life cut short. Understanding how these damages are defined and evaluated can help families recognize their rights during such a difficult time.
What Are Considered Non-Economic Damages in a CT Wrongful Death Claim?
In Connecticut, wrongful death claims are filed by the executor or administrator of the deceased person’s estate. One important distinction is that damages in these cases focus on the losses suffered by the decedent, rather than the emotional grief of surviving family members.
This means the estate can recover compensation for:
- Conscious pain and suffering the decedent experienced before death
- Loss of enjoyment of life
- Medical expenses related to the injury
- Funeral and burial costs
- Lost earning capacity the decedent would have provided if they had lived
Unlike some states, Connecticut law does not allow surviving family members to recover directly for their own emotional distress or grief. Instead, any damages awarded become part of the decedent’s estate and are distributed to heirs according to the will or state intestacy laws.
This framework ensures that the decedent’s own suffering and losses are acknowledged, while also providing financial support for the family through the estate.
In Connecticut wrongful death claims, non-economic damages refer to the losses that are not directly tied to financial expenses. They measure the human side of the loss, including the decedent’s suffering before death and the emotional toll on surviving family members. Unlike medical bills or lost wages, these damages cannot be calculated from receipts or invoices, which makes them more complex to argue and prove in court.
Proving Non-Economic Damages in a Wrongful Death Case
Unlike financial losses, non-economic damages require careful demonstration through testimony, evidence, and expert support. Courts look at several factors when determining whether damages are justified and to what extent.
Evidence That Strengthens a Claim
- Medical records showing the decedent’s suffering
- Expert testimony from doctors, mental health professionals, or economists
- Statements from family, friends, and colleagues about the impact of the death
- Documentation of the decedent’s quality of life before the fatal event
Each piece of evidence helps create a clearer picture of how the death affected both the decedent’s final moments and the surviving family’s well-being.
Challenges in Measuring Intangible Loss
The subjective nature of non-economic damages often creates disputes in wrongful death cases. Defense attorneys may argue that the pain was minimal or that the decedent did not suffer significant emotional harm. Families and their attorneys must be prepared to counter these claims with compelling evidence and credible witnesses.
Non-Economic Damages and Juries in Connecticut
Because Connecticut has no damage cap, juries have significant discretion in awarding non-economic damages. The outcome often depends on how effectively the estate’s attorneys present the evidence and humanize the loss. Juries are encouraged to consider fairness, proportionality, and the seriousness of the wrongful conduct when calculating awards.
How Juries Evaluate Pain and Suffering
Juries may look at the length of time the decedent lived after the incident, the severity of injuries, and whether the person experienced conscious pain. For example, in a medical malpractice case where a patient endured prolonged suffering before death, the award may be much higher than in a case where the death was immediate.
The Importance of Legal Strategy
Attorneys often use storytelling, expert witnesses, and personal testimony to illustrate the depth of non-economic damages. This helps juries connect emotionally to the case and understand the full scope of the loss.
The Difference Between Economic and Non-Economic Damages
While economic damages are essential for covering quantifiable costs, non-economic damages acknowledge the immeasurable value of life. Together, they provide a more complete form of compensation. In Connecticut, both categories of damages are vital for holding negligent parties accountable and ensuring families are not left without recognition of the true impact of their loss.
Examples of Combined Awards
- Economic damages: medical bills, funeral expenses, loss of future earnings
- Non-economic damages: pain and suffering, emotional anguish, loss of companionship
The combination ensures that wrongful death awards reflect both the financial and emotional dimensions of loss.
Why Non-Economic Damages Matter in Connecticut Wrongful Death Claims
Non-economic damages highlight that wrongful death cases are not just about money, but about justice and acknowledgment of a life’s value. They remind juries and courts that behind every case is a family coping with grief, loss, and change. By awarding these damages, Connecticut courts help families find a measure of accountability and recognition for what has been taken from them.
Conclusion
Non-economic damages in Connecticut wrongful death claims serve as a way to recognize the human side of tragedy. While no amount of compensation can replace a loved one, these damages honor the suffering endured by the decedent and the emotional toll carried by surviving family members. With no statutory cap, Connecticut provides juries with flexibility to fairly weigh the evidence and determine appropriate awards. For families facing the difficult process of a wrongful death claim, understanding non-economic damages is key to ensuring their loss is properly acknowledged in court.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
At Brandon J. Broderick, Attorney at Law, we understand that you are going through an unimaginable time. We know that your legal case is about more than just money; it is about honoring your loved one’s memory and securing your family's future. Our team is dedicated to providing compassionate support and aggressive legal representation.
If you have lost a family member due to someone else's negligence in Connecticut, you do not have to face this alone. Contact us for a free, no-obligation consultation. We will listen to your story, answer your questions, and explain how we can help you seek the justice your family deserves. We are available day or night to assist you.