The unexpected loss of a loved one in a tragic accident can be nearly impossible to live with. If your loved one was the primary wage earner for your family, the death can be even more catastrophic from a financial perspective. While filing a claim for damages won’t bring your loved one back, it can help ease the economic burden placed on you and your family.
Under what circumstances can a family pursue an action for wrongful death?
If you lost a loved one because another person was negligent, then you can file a wrongful death claim. In other words, if the injury that results in death would not have occurred but for the actions of another person, it may warrant a wrongful death action.
Examples of Accidents or Actions Warranting Wrongful Death Actions
Some examples of accidents that may lead to a fatal injury and which may warrant filing a wrongful death action are below.
- Slip and fall claims
- Car and truck accident claims
- Defective product claims
- Medical malpractice claims
- Drowning claims
- Premises liability claims
- Dog and animal attacks
- Motorcycle accident claims
All of the above are examples of accidents that can lead to death but that can be prevented with responsible action. For example, a property owner fails to put up a fence around their pool and a small child drowns in the pool as a result. The parents of the child have the right to a wrongful death action. Or a drunk driver operates a motor vehicle, causing a car crash that results in fatal injury. Again, the victim’s survivors of have the right to pursue a wrongful death action.
Who can file a wrongful death action in Connecticut?
Section 52-555 of Connecticut General Assembly Statutes states that those who are legally allowed to bring an action for wrongful death against an at-fault party are the “executor or administrator” of the deceased. Sometimes, the executor or administrator will be named in the deceased’s will. Other times, a court will appoint an executor or administrator.
The claim is filed on the behalf of the deceased’s beneficiaries, including a surviving spouse and any children. Damages recoverable include medical expenses and services, funeral expenses, loss of earning capacity, loss of consortium, and more.
Statute of Limitations for Filing a Wrongful Death Action
The same statute cited above states that all claims for wrongful death must be filed no less than two years from the date of death. Two years may seem like a long time, but there are plenty of cases where the family allowed the time to expire and was unable to bring their case. So if you lost a loved one, get started right away.
How an Attorney Can Help You File Your Wrongful Death Action
One of the most important aspects of filing a wrongful death action for damages is being able to prove that your loved one’s death would not have occurred but for the actions of the party against whom you’re filing suit. Proving negligence, and therefore liability, requires gathering evidence, investigating the cause of death and building a case that’s ready for presentation to the court.
To help you do all this, enlist the help of an attorney. At Murphy, Laudati, Kiel, Buttler & Rattigan, LLC, our attorneys are ready to go to work for you today. Contact our offices right now to learn more about how we can help you recover damages in a wrongful death action. Call us at 860-674-8296.