Role of Witnesses in Connecticut Wrongful Death Case

Approaching a wrongful death case in the aftermath of a devastating loss can be challenging because much of what you’ll need to do will require rehashing painful memories of your loved one’s untimely passing. Gathering evidence and making statements regarding what your family member went through prior to their death can be difficult, but witnesses are also a vital part of a Connecticut wrongful death claim and one that rarely requires you to take an active role in the process. 

Using credible witnesses in wrongful death claims is a strong strategy because they provide objective testimony and relieve some of the burden on loved ones to provide extensive testimony. At D’Amico & Pettinicchi, LLC, our attorneys have been helping families and estates of deceased individuals navigate the complexities and challenges of wrongful death claims for over 100 combined years. Our legal team comprises experienced, compassionate, and dedicated professionals who prioritize our clients’ needs during this difficult time.

Connecticut’s Witness Rules

If someone witnesses your loved one’s accident or the incident that led to their death, this person may be a crucial part of the wrongful death claim. Testimony provided by an objective, credible third party tends to be incredibly persuasive for judges and juries. 

When choosing witnesses to testify in a wrongful death case in Connecticut, certain court rules must be followed. There are also rules witnesses must adhere to when giving testimony, such as the requirements that they make an oath to testify truthfully. The Connecticut Code of Evidence includes the following rules that apply to witnesses:

• Credible witnesses cannot be biased for or prejudiced against any person or matter that could cause them to provide false testimony. 
• A witness’ credibility may be impeached based on their character for untruthfulness. 
• While witnesses are presumed to be competent to testify, people who cannot testify honestly because they are incapable of understanding truth or who are unable to remember or express themselves because they are incapable of receiving sensory impressions cannot testify. 

How Witnesses Help in Wrongful Death Cases

Witnesses are not only helpful for establishing the facts of an accident, but also for providing background information, such as the condition of a business before an individual was injured in a slip and fall or the behavior of a doctor leading up to a fatal medical mistake. Witness testimony must be unbiased, and because of this, the statements they make about the facts that impact the case are convincing. We have honed our skills over decades of experience in choosing which witnesses we feel are credible. In a trial, bias is often uncovered in a preliminary voir dire process or through rigorous cross-examination. 

Examples of witnesses who may be helpful in different types of wrongful death claims in Connecticut include:

• A grocery store clerk who notified the manager about a leaking pipe weeks before the hazard caused a fatal injury to a customer
• A nurse who witnessed a doctor taking shortcuts during a surgery that led to the patient’s death
• A pedestrian who saw the at-fault driver swerve multiple times before veering into the bicycle lane and striking the cyclist in a fatal collision

Testimony from witnesses like these can provide valuable context and support for your loved one’s wrongful death claim. 

Contact a Connecticut Attorney With Experience Handling Witnesses in Wrongful Death Claims

The legal team at D’Amico & Pettinicchi, LLC, has been helping clients for over a combined century. Our dedication and compassion make us ideal partners in wrongful death claims, as we support loved ones through these challenging cases and fight for justice for deceased family members. The role of witnesses in a Connecticut wrongful death case is crucial to building a strong claim. Contact us to schedule a free consultation.