Pursuing legal action can be overwhelming, especially when dealing with the loss of a loved one. At D’Amico & Pettinicchi, LLC, we are committed to helping you navigate this difficult process.
One crucial aspect is understanding the types of damages in Connecticut wrongful death actions. This guide provides an in-depth look at who can file for damages, the types of damages available, and how they are calculated, ensuring you are well-informed as our diligent wrongful death attorneys seek justice and compensation on behalf of your loved one.
In the state of Connecticut, the only person who’s capable of bringing a claim for wrongful death is the person who’s been appointed by the probate court to act as a fiduciary of the estate.
Having said that, if somebody is married, then their spouse has a claim for loss of consortium. This is not technically a claim for wrongful death, but it is a claim that the spouse is entitled to bring for the loss of what they refer to as companion, society, and affection. Essentially, the law recognizes the marital relationship as a special relationship. The loss of a spouse, through wrongful death, gives the spouse the right to make a claim for the loss of the companionship of their husband or wife.
Those are the two categories of people that could bring a claim.
Connecticut allows for both the recovery of economic damages and non-economic damages in a wrongful death claim.
Economic damages can include funeral and burial expenses, past and future income loss, and medical expenses related to the injury that were incurred prior to the death.
Non-economic damages are intended to compensate the person who died for the loss of enjoyment of life, essentially the loss of the gift of life. The jury determines this. Evidence could be presented that highlights the person’s lifestyle, typical activities, likes and dislikes, and relations with surviving family members and friends.
Determining the loss of future income is a critical and often confusing task when calculating damages in a Connecticut wrongful death claim. This process involves various factors depending on the age and career stage of the deceased.
Calculating the loss of future income can be more difficult when dealing with a child—someone who hasn’t yet entered the workforce or necessarily carved out the specific career path they will take. In these situations, our attorneys can retain a vocational expert to examine the lifestyles, education, and careers of the parents and any siblings who may have already been in the workforce. Then, they will make a judgment about the likelihood that the deceased child would have completed high school, college, or a graduate or doctorate degree. They base this in part on their parent’s and sibling’s education and occupations to determine what they likely would have been expected to achieve and choose for a career.
When dealing with someone already in the workforce, they’ve likely chosen their path, at least at the time of their death. Unless there’s knowledge that they planned to go back to school to enhance their earning capacity—for example, someone who was studying to go from an RN to an advanced practice registered nurse or an advanced practice registered nurse to a nurse anesthetist. If those things are known and anticipated, it will factor into the loss of income.
The easiest example would be somebody who’s been in a career for an extended period of time and intended to stay in the same career. They were employed by somebody else, so their salary is obvious. Their increases over time are available historically, their benefits are also, and their retirement age is generally known. That’s the easiest example of a calculation that can be done to determine lost income.
But it’s not always that easy. There are often people who are self-employed, and their income fluctuates. So, sometimes, it takes a more detailed analysis of their past earnings and prognostication about future earnings in order to arrive at a fair sense of what their likely income would be expected to be as their life continued had they not died.
Income taxes that people would typically pay are a consideration that reduces their gross income to a net income. Living expenses are typically deducted also because even if they had lived, they obviously would have had living expenses. So, those generally are deducted to arrive at a net lost income amount. Those types of calculations are typically made by economists who examine the numbers and then reduce those future earnings, which would have been earned over the remainder of somebody’s work-life expectancy, down to a present value.
When a jury decides on an amount of compensation, they’re awarding a lump sum. So, there are factors of present value that need to be taken into consideration. As an example, if somebody was earning $100,000 a year, and it was anticipated that they had 20 more years of work life, if you were to add up those numbers and benefits and might come out to in excess of $2 million. But if paid in lump sum, at the time of trial or settlement, that amount may only come out to say $1.5 million depending on the specific economic calculations. This is because you take into consideration that if you receive an amount of money in a lump sum, there’s the opportunity to invest it, and there’s a time value to money. Those are some of the considerations that go into factoring lost income in the final damages award of a Connecticut wrongful death claim.
Navigating the legal landscape of wrongful death claims requires experience and compassion. At D’Amico & Pettinicchi, LLC, we strive to provide both. Our team is dedicated to helping you understand your rights and seeking the compensation you deserve. Whether through settlement or litigation, we are here to support you every step of the way.
Contact us today for a free, no-obligation consultation to discuss damages in your Connecticut wrongful death action and begin the journey toward justice.
