A loved one’s death in a preventable accident or act of violence is a tragedy. Many families have a hard time coping. Sometimes, holding the party who caused the death accountable for their actions can help a grieving family move forward.
The person responsible might face criminal charges, but the criminal justice system does not always produce a just result. A wrongful death lawsuit in civil court could result in an order for the responsible party to pay financial compensation, called damages.
Damages in Watertown wrongful death cases can help a family achieve meaningful justice after the death of a loved one. The attorneys at D’Amico & Pettinicchi, LLC, have decades of experience obtaining maximum compensation for those who have lost a loved one due to negligent, reckless or intentional conduct.
Connecticut General Statutes § 52-555 governs wrongful death lawsuits. The procedures here are different than in most other states, and it’s important for a grieving family to understand how the process works.
If the deceased person has a will, the executor named in the will must be the plaintiff in a wrongful death action. If there is no will, the Probate Court will name an administrator to handle the estate, and that person will file the wrongful death lawsuit.
A surviving spouse or minor child can file a lawsuit seeking compensation for loss of consortium, meaning the loss of the benefits of the relationship with the deceased person. These lawsuits must be pursued with the estate’s wrongful death action. A qualified Watertown attorney can help a family understand the purpose of the various wrongful death lawsuits and who should file them.
A wrongful death lawsuit is similar to a lawsuit the deceased person could have pursued if they had survived their injuries. The executor or administrator of the estate must prove that someone’s negligent, reckless or intentional act caused the death. If they can establish a direct connection between the wrongful act and the death, they can pursue the damages the deceased person could have claimed if they had lived.
The damages in a wrongful death action can include:
When the death resulted from an accident involving a drunk or reckless driver, the law allows an award of double or triple damages. Our Watertown attorneys will advocate for enhanced damages if it is appropriate in your loved one’s wrongful death case.
These damages are paid into the estate. If the estate has debts, the proceeds of the lawsuit can be used to satisfy the debts. The estate’s representative distributes any money remaining after the debts, taxes, and probate costs are paid according to the deceased person’s will. If there is no will, the law determines the proportion family members receive based on the laws of intestacy.
The surviving spouse can bring claims for loss of consortium. The damages received from these claims differ from the damages the wrongful death claim seeks.
The surviving spouse can ask for compensation for the loss of their spouse’s:
The spouse’s damages are paid to them directly, not to the estate. The deceased person’s creditors have no claim on these damages.
Your grief after a loved one’s unexpected death might be overwhelming. Thinking about legal matters may be the last thing on your mind. However, the proceeds from a wrongful death lawsuit can help those named in the will, or pursuant to the laws of intestacy, achieve financial stability and keep your loved one’s dreams for those alive.
Speak with a compassionate lawyer at D’Amico & Pettinicchi, LLC, about damages in Watertown wrongful death cases. We can explain how these claims work and what you can expect. Reach out to schedule a free, remote or in-person consultation today.
