A death is considered wrongful when it results from another person’s negligent or reckless acts. Losing a loved one can be difficult under any scenario, but it is especially painful to learn that their passing was due to an avoidable act. The surviving relatives of the deceased can face extensive emotional and financial trauma that impacts them for the rest of their lives. If you have lost a loved one due to negligence, their estate may have a viable case it can pursue for compensation. A Stamford wrongful death attorney from Slager Madry is here to advocate for you. We can answer your questions and help you understand your rights during this difficult time.
Who Can File a Wrongful Death Action in Stamford?
In some ways, it is helpful to consider a wrongful death lawsuit as a personal injury lawsuit for the victim, a case that the victim was unable to file due to their passing. In Connecticut, the right to pursue these cases falls to a responsible executor of the decedent’s estate, and the wrongful death case is brought to the estate of the individual who died. In Connecticut, a probate court appoints the party who is authorized to act for the Estate of someone who has died. The judge will generally appoint a person named in the will if one exists, or another close family member is often appointed if there is no will.
This approach differs from many other states in that it allows family members to start a lawsuit on their own when a loved one dies. While the relatives of the deceased do not have the right to file their own action, they may still be entitled to the proceeds of the Estate’s lawsuit. A loved one is the most likely person to be asked to serve as an executor of a family member’s estate.
Who is Entitled to the Proceeds in a Wrongful Death Lawsuit?
The representative of the estate is the only person with the power to file a wrongful death case, but the proceeds of a successful lawsuit can be spread among many beneficiaries.
The ability to recover compensation generally falls into two different groups. First, the estate itself is entitled to some of these proceeds. It has the right to recover damages based on any reasonably necessary medical care at the end of the decedent’s life. The cost of the funeral and burial is also included. Any damages that the decedent would have recovered if they had been able to start a personal injury lawsuit are also included, like their pain and suffering at the end of their life.
Once the estate pays off any obligations, the proceeds of these funds are given to the estate’s heirs. How this money is divided depends on whether or not a will was in place at the time of the decedent’s passing. If no will exists, Connecticut law states how the proceeds should be distributed to the heirs of a loved one who has died.
The second category of people entitled to recover from a wrongful death lawsuit includes the deceased party’s spouse. They have the right to recover damages based on the loss of affection, moral support, and companionship of their partner. Minor children under the age of 18 in Connecticut also have the right to be compensated based on the loss of love and affection.
The Statute of Limitations in Wrongful Death Cases
Wrongful death lawsuits must comply with the statute of limitations, which is a legal deadline for every civil case filed in Stamford. The purpose of the statute of limitations is to prevent lengthy delays between a person’s death and the resulting legal action.
Compliance with the statute is crucial. If you file your case after the deadline expires, the court will likely dismiss it with prejudice. This serves as a permanent bar to ever recovering compensation due to your loved one’s untimely death.
Under Connecticut law, a plaintiff generally has two years from the date of their loved one’s passing to file a wrongful death suit. However, there is an additional requirement to consider: The law also requires any lawsuit to be filed within five years of the incident that led to the fatal injury or illness, and this limit applies even if the death happens more than five years later. In other words, these limitations apply when a person survives for months or years until eventually succumbing to their wounds.
Common Types of Wrongful Death Cases in Stamford
There are a number of circumstances that could result in a wrongful death. Fatal injuries or illnesses can occur at the hands of careless motorists, manufacturers, or medical professionals. A Stamford wrongful death attorney can pursue a wrongful death case in any of the following scenarios.
Medical Malpractice
When doctors and nurses make mistakes, the consequences can be life-altering. For example, a doctor’s failure to diagnose cancer or some other serious illness in a reasonable amount of time could turn a treatable condition into a fatal one.
Vehicle Accidents
Collisions involving motor vehicles—particularly commercial and semi trucks—have the potential to cause fatal injuries. The impact generated by two or more vehicles colliding is tremendous, even when traveling at relatively low speeds.
Product Liability Cases
Some fatal injuries and illnesses occur as a result of a defective product. This might include anything from a kitchen appliance that catches fire to industrial cleaning supplies that result in severe illnesses. If a company is responsible for selling a defective product, it could be liable for any harm it causes.
Premises Liability Accidents
In some cases, a fatal injury will occur due to a hazard on another person’s property. Some common examples include swimming pool injuries, exposure to electrical wires, or falls. If a property owner failed to take reasonable steps to protect a visitor from harm, they could be liable for the visitor’s death.
Damages Possible Resulting from a Wrongful Death Case
There are different levels of damages in a wrongful death action under Connecticut law. In some ways, they are designed to recover the compensation the deceased would have been entitled to had they survived. Some common types of wrongful death damages include the following:
- Medical expenses related to the injury. Any medical treatment, from ambulance transportation to emergency room visits, could qualify.
- Funeral/burial costs. Normal costs associated with funerals and end-of-life ceremonies
- Lost earning capacity. These damages are about more than what a person earned at the time they died, as the law also takes into account their potential future earnings.
- Pain and suffering that were experienced prior to death. Damages are also available for any physical or emotional pain and suffering the deceased person experienced before passing away.
- Loss of life’s enjoyment. Connecticut law recognizes the value of the years of life the individual was deprived of due to the wrongful act.
These damages are intended not only to hold the at-fault party accountable but also to provide the surviving relatives with the support they deserve.
Damages Available for Wrongful Death Caused by Serious Driving Issues
Connecticut law provides an important additional remedy in certain fatal car accident cases. Under Conn. Gen. Stat. § 14-295, the courts have the power to award more damages (sometimes 2x or 3x) when a wrongful death arises from extremely dangerous driving behavior. However, they apply only when the driver acted recklessly, and that reckless conduct played a role in causing the wrongful death.
The law identifies qualifying violations, including excessive speeding and driving while drunk or when high. In other words, ordinary negligence is not enough. The conduct must rise to the level of reckless disregard for safety.
There is also a procedural requirement to be aware of. If you intend to seek more damages (2x or 3x), the claim must be specifically pleaded in the wrongful death lawsuit. This means the complaint must clearly allege the reckless statutory violation and its causal connection to the fatal crash. While these damages are not always an option, they can make a tremendous difference to your family’s recovery if your claim qualifies.
Learn How a Stamford Wrongful Death Attorney from Slager Madry LLC Can Help
There are few things in life more difficult than the unexpected death of a close family member. If your loved one passed away due to another person’s negligence, you might have a case for compensation. No amount of money can bring them back, but a financial settlement could ease the strain for those who depended on your family member. A Stamford wrongful death attorney from Slager Madry understands what it means to lose someone. We are here to provide you with compassionate legal counsel every step of the way. Contact us right away for a free consultation.
Frequently Asked Questions
Who can start a wrongful death lawsuit in Connecticut?
The executor or administrator of the deceased person’s estate must file the lawsuit for the estate.
What is the deadline to file a wrongful death claim?
You generally have two years from the date of death to file a lawsuit, although there are some limited exceptions.
Can multiple parties be held responsible?
Yes. You can pursue a claim against any party whose negligence played a role in your loved one’s death.
Are settlements possible in wrongful death cases?
Yes. Many cases resolve through negotiated settlements, though some proceed to trial if necessary.