A wrongful death claim arises when a person dies as a result of the negligence or recklessness of another person or entity. Through a wrongful death claim, surviving family can seek financial compensation.
When a person dies as a result of a motor vehicle collision, his or her family may file a wrongful death claim if the crash was caused by negligent or reckless driving, a defect in the roadway because of a municipality’s failure to maintain a road or a problem with the design or manufacture of the vehicle.
Who is eligible to file a claim?
In Connecticut, a wrongful death lawsuit must be filed within two years of the date of the person’s death. A surviving spouse, or other family member, may be able to file a lawsuit if given permission to do so by the probate court. An attorney experienced in handling these claims can assist and explain the process.
What kinds of compensation can be claimed?
Compensation in a wrongful death lawsuit might include both economic and non-economic damages, such as:
- Financial support the decedent would have provided
- Funeral and burial expenses
- Loss of companionship and support of the surviving spouse
- Related medical bills incurred before the death
In cases of reckless conduct, the courts may award punitive damages. These are separate from compensatory damages and are intended to punish egregious behavior.
What should I do to protect my right to file a wrongful death claim?
Ensuring that evidence is secured is an essential part of moving forward with a wrongful death claim. That is why it is critical to retain a qualified and experienced attorney as soon as possible after a tragic loss. The attorney will obtain medical documentation, police reports, and witnesses’ accounts, as well as hire experts to reconstruct a crash or analyze the vehicle. It is important to hire an attorney before evidence is destroyed or altered, or people’s memories change or fade.
