Wrongful Death Attorneys

Wrongful Death Laws in Connecticut

Generally, Connecticut treats claims for wrongful death in similar ways to other civil cases. The main difference is that the injured party has passed away. For example, in a normal car crash case, the plaintiff must show that the at-fault driver acted recklessly and therefore caused the injuries. The same basic framework applies in a wrongful death suit, only the plaintiff will be represented by the deceased's estate. Connecticut statutes state that only the executor of the estate can bring a claim. Usually, the executor will be named in a person’s will. If no executor has been named, the court will appoint one. The statute continues to say that possible damages include what is “just,” in addition to funeral expenses and medical bills.

What Is "Just" When It Comes to Damages?

This somewhat nebulous concept of “just” has been defined as including lost earning capacity, damages for conscious pain before death, and damages for lost enjoyment of life. In some instances, the plaintiff may be able to recover double or treble damages due to the wrongful death of a family member. A jury may award double or treble damages if the injury was due to the deliberate or reckless disregard of the at-fault party in a motor vehicle case. Using the combination of the above-referenced statutes, our wrongful death attorneys can work to get someone’s loved ones the compensation that they deserve.

Statute of Limitations

In all civil cases, it is important to consider the statute of limitations, because this is a designated time limit within which the plaintiff must file suit. If the time requirements are not met, the case will not be heard in court. Any action brought by an executor of an estate claiming wrongful death must be filed no more than two years after the date of death. Amid all of the confusion and grief that follows an untimely death, this time can pass quickly. Contact our knowledgeable attorneys today.

Settling a Wrongful Death Case Out of Court

In a wrongful death case, it is possible to settle the case out of court through negotiation and agreement between the parties involved. Settling outside of court can have advantages such as a potentially faster resolution, lower costs, and more control over the outcome. It can also offer privacy for the parties involved. However, if a settlement cannot be reached, the case may proceed to court, where a judge or jury will make the final decision. Going to court allows for a formal legal process, presenting evidence and arguments to a judge or jury. While going to court can involve longer timelines, increased costs, and less predictability, it may be necessary to pursue the maximum compensation if a fair settlement cannot be reached. An experienced attorney can help you weigh the advantages and disadvantages of each option based on the specifics of your case.