Wrongful death claims are never easy to navigate. When your loved one is fatally injured by someone else’s negligence or recklessness, it can seem impossible to cope with the consequences of such a tragic accident. The grief process is important for surviving family and friends, and a wrongful death claim can be a beneficial part of that process.
When you are looking for a way to hold the at-fault party accountable, a wrongful death claim may be an opportunity to seek justice for your loved one. However, determining negligence in Connecticut wrongful death claims can be difficult. An attorney is the best resource for clarification on how to pursue a successful wrongful death case, but having a general understanding of Connecticut’s requirements is a helpful starting point.
Wrongful death claims may be an option if the deceased person would have been eligible to file a personal injury claim had they survived. Personal injury claims include car accidents, product liability, medical malpractice, and premises liability, among other circumstances that can lead to a preventable death. If your loved one’s death was caused by someone else’s negligence or recklessness, they likely would have had grounds to pursue a personal injury lawsuit.
Many states allow close relatives like spouses and adult children to file wrongful death claims, but Connecticut’s process is different. Wrongful death claims in Connecticut must be brought by the administrator or executor of the deceased person’s estate. In many cases, the deceased’s will or estate plan names an executor or administrator, but a Probate Court will appoint someone to fill this role if no one is named.
Spouses in Connecticut may be able to file a claim for loss of consortium, but this typically is included as part of a wrongful death claim.
In order to pursue legal action against someone for the death of your loved one, they must have caused the fatal accident through negligent behavior, recklessness, or intentional wrongdoing. Because everyone has a duty of care to reasonably prevent harming others, failing to uphold that duty could lead to legal liability for the subsequent harm.
Negligence will be determined differently depending on what type of accident led to your loved one’s death. For example:
Regardless of what type of fatal accident occurred, the following elements must be established in wrongful death claims in Connecticut:
Causation is a critical part of determining and establishing negligence, and the burden of proof falls to the deceased’s estate. Wrongful death claims in Connecticut require that the party filing the claim establishes negligence and liability by a fair preponderance of evidence. This is a lower burden of proof than a criminal case, which must be proven beyond a reasonable doubt. This lower burden of proof simply means that the claims must be proven by the better or weightier evidence. This can be much more complex than it sounds, depending on the particular facts leading to death.
Navigating the complex processes and requirements of wrongful death claims requires guidance from a lawyer with targeted experience. At D’Amico & Pettinicchi, LLC, our attorneys have over a century of combined experience to offer clients. We work tirelessly for our clients to provide them with personalized legal strategies, and our in-house focus group courtroom allows us to gain insight into what aspects of our approach need adjustment. We have plenty of experience determining negligence in Connecticut wrongful death claims.
Contact us today to schedule a free consultation.
