Traffic collisions can be devastating, and when they result in fatalities, the impact on families is profound. At D’Amico & Pettinicchi, LLC, we are committed to helping families navigate the complexities of wrongful death claims arising from fatal car accidents in Connecticut. If you have lost a loved one in a car crash, contact us for compassionate and skilled legal representation.
Sadly, any type of car accident can be significant enough that it results in death. Many people think that a low-impact collision where there is minimal property damage to the car can’t possibly lead to a significant injury that could cause death. But in reality, that’s not true.
As an example, the person who is hit could be an older person who is on a blood thinner because of a risk of stroke. The impact could cause them to jar their head forcefully enough that they hit the headrest, causing a microbleed in their brain. If it’s not discovered right away, the microbleed could become a significant brain hemorrhage from which they could die. It may not happen that day or the next day; it may only happen several days later. As the bleed becomes bigger and the person begins to experience symptoms, it may be too late to save them. So that’s an example of how fender benders can still be dangerous and result in significant injury.
Another example might be a car crash where the impact is relatively strong; while the damage to the car may not appear that dramatic, it’s sufficient enough to rupture somebody’s spleen. If you have a ruptured spleen, and that’s not realized quickly enough, you could bleed to death as a result of it.
A final example is a car wreck that causes a hip fracture. If that hip fracture results in clotting, the clotting can cause a pulmonary embolus or a brain embolus that someone could die from.
There are so many multitudes of injuries that can be dangerous, even in accidents that don’t appear as serious as others. Of course, there are very dramatic collisions where the damage to the car is horrendous. We can all envision those types of accidents where someone can be killed from blunt trauma injuries, skull fractures, and more. Unfortunately, there are a large number of injuries that can lead to a fatality from car crashes in Connecticut.
Yes, so as long as you’re within the five-year period of repose under Connecticut General Statutes § 52-555, you can bring a wrongful death claim. The statute says two years from the date of death, but not more than five years from the date that the negligent act occurred.
For example, suppose someone is in a car crash, resulting in a significant back injury that requires surgery. However, the surgery that’s required doesn’t take place until three years later, and the person dies. If this occurred within the five-year repose period, the deceased’s surviving family members could file a legal claim related to that wrongful death. They just have to be able to prove that the injury that caused the death was a result of the car accident.
No, it’s just a difference in the degree of the misconduct, carelessness or recklessness, unintentional or intentional. It’s still referred to as a wrongful death claim. For example, if a driver is not paying attention because they’re daydreaming and they run a stop sign and hit a pedestrian who tragically dies, that’s carelessness.
Drunk driving and texting while driving are two good examples of recklessness. Driving at an excessively high rate of speed would also be considered reckless. Recklessness can also be intentional; for example, somebody intentionally runs somebody over with a car because they’re angry with them. All of those are considered wrongful death. It doesn’t change what the claim is called; however, it can change the amount of damages that you’re entitled to ask for.
In certain circumstances, a law in Connecticut allows an award of double or triple the compensatory damage amount. Punitive damages could also be awarded under circumstances where there was intentional or reckless conduct, since they are intended to punish the wrongdoer.
Losing a loved one in a car wreck is tragic. At D’Amico & Pettinicchi, LLC, we are here to provide you with the support and legal experience you need to seek justice.
Get in touch today to learn how we can help you with your wrongful death claim and ensure you receive the compensation deserved after losing a loved one in a fatal car accident in Connecticut. Consultations are free and can be done online or in person. Whenever you’re ready to talk, we’re here for you.
