Losing a loved one due to someone else’s negligence is devastating, both emotionally and financially. Under Connecticut law, surviving family members may have the right to pursue a wrongful death claim to seek compensation for the losses caused by a loved one’s death. Gould Injury Law helps families across Connecticut understand how wrongful death damages work and what compensation may be available during this difficult time.
Understanding the types of damages recoverable in a wrongful death case can help families make informed decisions while honoring their loved one’s memory.
What Is a Wrongful Death Claim in Connecticut?
A wrongful death occurs when a person dies as a result of another party’s wrongful act, negligence, or intentional actions. Common causes include:
- Fatal car accidents
- Medical malpractice
- Workplace accidents
- Dangerous property conditions
In Connecticut, wrongful death claims are brought on behalf of the deceased person’s estate, not directly by surviving family members. Any compensation recovered becomes part of the estate and is distributed according to Connecticut law.
Who Can File a Wrongful Death Lawsuit?
Under Connecticut law, a wrongful death lawsuit must be filed by the executor or administrator of the deceased’s estate. This person is often appointed through probate court and acts on behalf of the estate.
Although surviving family members such as spouses, children, or parents may ultimately receive compensation, they do not file the lawsuit directly unless they are also the estate’s legal representative.
Economic Damages in a Connecticut Wrongful Death Case
Economic damages are intended to compensate for measurable financial losses resulting from the death. These may include:
- Medical expenses related to the final injury or illness
- Medical bills incurred before death
- Funeral and burial expenses
- Lost income the deceased person would have earned
- Loss of future earnings and benefits
- Loss of household services the deceased provided
Connecticut law allows recovery of the full value of the deceased person’s lost earning capacity, even if they were not actively employed at the time of death.
Non-Economic Damages in Wrongful Death Claims
Connecticut takes a unique approach to non-economic damages in wrongful death cases. Rather than focusing on the emotional suffering of surviving family members, the law allows damages based on the value of the deceased person’s life.
Non-economic damages may include compensation for:
- The deceased’s loss of life’s enjoyment
- Loss of the ability to experience life’s activities
- Pain and suffering experienced before death, if applicable
This framework distinguishes Connecticut wrongful death claims from those in many other states.
Pain and Suffering Before Death
If the deceased person experienced conscious pain and suffering before passing away, those damages may be recoverable as part of the wrongful death action. Medical records, witness statements, and expert testimony often play a key role in establishing these damages.
The Role of Comparative Fault
Connecticut follows a modified comparative fault rule. If the deceased person was partially responsible for the incident that caused their death, compensation may be reduced accordingly. If fault exceeds 50%, recovery may be barred altogether.
Insurance companies frequently raise comparative fault arguments, making careful investigation essential.
What a Wrongful Death Claim Does Not Cover
It is important to understand that Connecticut wrongful death damages do not directly compensate surviving family members for their personal grief or emotional distress. Instead, compensation flows through the estate and reflects the losses suffered by the deceased person due to their premature death.
Time Limits for Filing a Wrongful Death Lawsuit
Wrongful death claims are subject to strict deadlines under Connecticut law. Failing to file within the applicable statute of limitations can permanently bar recovery, regardless of the strength of the case.
Because probate issues and investigations take time, families are encouraged to act promptly.
Why Legal Guidance Matters in Wrongful Death Cases
Wrongful death cases are legally complex and emotionally challenging. An experienced wrongful death attorney can:
- Identify all available damages
- Work with financial and medical experts
- Handle insurance company negotiations
- Navigate probate and court requirements
- Pursue full and fair compensation
How Gould Injury Law Can Help Your Family
Gould Injury Law represents families throughout Connecticut in wrongful death cases involving negligence, medical malpractice, and fatal accidents. We understand the legal process and approach these cases with care, respect, and attention to detail.
Speak With Gould Injury Law Today
If your family lost a loved one due to someone else’s negligence, you may have the right to pursue a wrongful death claim under Connecticut law. Gould Injury Law can help you understand your legal options and the compensation available.
Contact Gould Injury Law today to discuss your case and learn how we can help your family move forward.
