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Connecticut Wrongful Death Lawyers

When Personal Injuries Result in Death: Wrongful Death Cases

The attorneys at Jackson O'Keefe, in Hartford, represent men and women throughout Connecticut who have been injured because of someone else's negligence. Contact the firm for a confidential consultation to discuss your personal injury claim.

In general, a wrongful death claim is one in which it is alleged that a person died as a result of another's negligence. The deceased person’s surviving relatives, dependents, or beneficiaries may bring suit against the responsible party or parties, seeking monetary damages for their losses. Each state has its own wrongful death law and not every state follows the same guidelines, principles, or rules. A personal injury attorney from Jackson O'Keefe in Hartford, Connecticut, can advise you on whether you have a valid wrongful death claim and can help you pursue that claim against the responsible party or parties.

The individuals who are entitled to bring a wrongful death claim also depends on the jurisdiction. Generally, the primary beneficiaries of the person who has died (often the spouse and children) are able to bring a claim, and in some states the parents of the deceased person may be also designated as beneficiaries. In most states, if the deceased person did not leave behind a husband or wife, children, or parents, there may be no one who may bring a wrongful death claim. Sometimes, the recovery, if any, is simply doled out to the deceased’s “heirs at law” or as provided by law.

Wrongful Death Laws Vary from State to State

Some states have “true” wrongful death acts in which the deceased person’s survivors or next of kin are entitled to bring a cause of action for their damages resulting from their family member's death. Other states have acts that are more properly called “survival actions.” In general, survival actions are brought on behalf of the deceased person for the deceased person's pain, suffering, and other damages resulting from the injuries that caused his or her death.

In many jurisdictions, it is not necessary that the defendant’s conduct be the sole cause of death. Even when the defendant’s negligence contributes only in part or in tandem with other circumstances to a person's death, liability may still attach.

Connecticut's Wrongful Death Statute

Connecticut's Wrongful Death Statute, General Statutes § 52-555, provides for the recovery of "just damages," medical expenses and funeral expenses by the executor or administrator of an estate for injuries resulting in death. The statute also requires that the executor or administrator bring the suit within two years of the date of death and five years of the date of the injury. The statute states in part:"

"(a) In any action surviving to or brought by an executor or administrator for injuries resulting in death, whether instantaneous or otherwise, such executor or administrator may recover from the party legally at fault for such injuries just damages together with the cost of reasonably necessary medical, hospital and nursing services, and including funeral expenses, provided no action shall be brought to recover such damages and disbursements but within two years from the date of death, and except that no such action may be brought more than five years from the date of the act or omission complained of."

The Connecticut Survival of Civil Actions Statute, § 52-599, provides in part: "(a) A cause or right of action shall not be lost or destroyed by the death of any person, but shall survive in favor of or against the executor or administrator of the deceased person."

The Wrongful Death Statute permits recovery for the tortuously caused death of any person "whether instantaneous or otherwise." Conn. Gen. Stat. § 52-555 specifies damages recoverable for a wrongful death. This includes expenses the decedent and the estate suffered as a result of the wrongful act. The estate may recover the cost of reasonably necessary medical, hospital and nursing services, and funeral expenses. The statute additionally allows recovery of "just damages." These often are the greater part of the wrongful death recovery and include pain and suffering, the value of the lost life and the enjoyment of life's activities. The rule is that insofar as money can do it, the plaintiff may be awarded fair, just and reasonable compensation for the loss of life. As in the other categories of damages, there is no precise mathematical formula for a jury to apply.

Jackson O'Keefe has been handling wrongful death actions in Connecticut since the 1950s, and has tried many of these types of cases to successful jury verdicts. Jackson O'Keefe has the experience and knowledge to help your family successfully navigate these difficult issues.

Wrongful Death Damages

Types of damages. When a defendant is found legally liable for the death of another, the types of damages that may be recovered can also vary greatly. For example, the plaintiffs in a wrongful death case may be able to recover the deceased person's medical expenses, funeral and burial expenses, lost earnings, and lost benefits (such as pension benefits or medical and health insurance coverage). Additionally, in a few states, the plaintiffs may be able to recover damages for pain and suffering or mental anguish that they experienced as a result of the death as well as punitive damages.

Calculating damages. The method and manner of calculating damages in a wrongful death action can be very complex. This potential complexity is especially true when trying to calculate the monetary loss to which the plaintiffs are entitled. Monetary loss, sometimes called pecuniary loss, generally includes the survivor’s lost support, contributions, and services of the deceased person. The computations for these damages are typically based on the deceased person's life expectancy and work life expectancy as well as the life expectancies of the beneficiaries and, where necessary, the remaining period of minority of any beneficiaries.

Multiple beneficiaries. In cases where there is more than one beneficiary, the damages will be distributed among those beneficiaries. Most states allocate the damages among the beneficiaries in accordance with their losses. However, in some states the recovery is divided as spelled out in its wrongful death or intestacy laws.

Defenses to Liability in Wrongful Death Cases

In general, a defendant is entitled to raise any defenses in a wrongful death action that could have been raised in an action brought directly by the decedent, had he or she not died. Therefore, if the decedent was contributorily negligent in causing his or her own death, the defendant may assert that defense in the wrongful death action. Also, in most states, if the decedent had already recovered damages, such as in a case where the death was not immediate and the decedent was able to bring his own successful personal injury claim, the survivors may not then successfully bring a wrongful death action and recover for the same injury. There are limitations to this prohibition, and in some situations the survivors may still be entitled to bring a wrongful death action in their names.

Conclusion

When a loved one dies, the complexities of a legal claim against the wrongdoer can be overwhelming. At this already stressful and emotion-laden time, the assistance of an experienced personal injury attorney at Jackson O'Keefe in Hartford, Connecticut, who can guide surviving family members through the complex legal maze and help secure compensation for their devastating losses can be invaluable.

A Connecticut "wrongful death" occurs when a person dies due to the negligent, careless, intentional, or reckless act of another person or entity. If someone close to you has died due to the wrongful act or neglect of another, it is important to find a reputable and well-established law firm with an exceptional reputation for handling wrongful death cases. Time is of the essence in many wrongful death actions. Preserving evidence and identifying defendants are key factors in many of the underlying accidents involving death cases. This requires retaining investigators and experts to commence investigations and evaluations as promptly as possible. Hiring an experienced Connecticut wrongful death attorney therefore should not be delayed. Under traditional "common law" wrongful death actions did not exist. It was thought that the claim of the victim of a wrongful death died with that person. State legislatures, including Connecticut, realized that this rule failed to compensate family members and others who suffered certain economic and non-economic losses due to a person's death and enacted wrongful death laws to correct this problem. Connecticut Wrongful Death Claimants: Connecticut's wrongful death laws permit only individuals with a certain relationship to the victim to file a wrongful death claim. A personal representative is a person appointed by the probate court to handle the wrongful death victim's assets, or estate. When proceeds are received from the wrongful death suit, they may be distributed by the personal representative according to the wrongful death statute. Connecticut Wrongful Death Lawyers: If someone close to you has died due to the negligent, reckless, or intentional behavior of another party, it is essential that you contact a well-established personal injury law firm. You should ensure that the law firm has extensive experience and expertise in prosecuting wrongful death cases and in particular the type of accident that caused the fatality. Exceptional preparation of a wrongful death case is a requirement to maximize the chances of success. Proving the potentially high worth of a wrongful death case requires a great deal of skill and experience.

Among the many responsibilities and tasks required of lawyers prosecuting a wrongful death include: Determining whether an estate should be created in a wrongful death case. When numerous claimants are entitled to recovery under the wrongful death statute, a thorough analysis may be required to determine whether a probate estate should be created and the claim brought in the name of the estate instead of the individual heirs.

Establishing life expectancy. This requires a sophisticated analysis of the victim's age, health, activities, lifestyle and occupation.

Determining the amount of lost financial support suffered by the heir in a wrongful death case. If the decedent was supporting the heirs financially at the time of death, an economic analysis of the victim's employment history, past wages, and expected future wages is required to ascertain the amount of economic damages to which the heirs are entitled.

Establishing a monetary value in a wrongful death claim for loss of companionship, society and comfort. By their very nature these are non-economic damages and therefore not quantifiable through formulas or expert testimony. The extent of compensation heirs can recover in these types of damages relies in significant part on the preparation and artfulness of the lawyers they hire. Convincing juries of the amount to which the heirs are entitled for these damages must be done skillfully through the lawyer's capacity for persuasion and advocacy.

Proving and explaining liability and damages in a wrongful death case to a jury: This requires not only talent and skill but the employment of at times numerous experts. As a result these cases are often expensive to prosecute properly.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Jackson O'Keefe handles Connecticut motor vehicle accidents involving DUI drunk drivers and drugged drivers cases throughout the State of Connecticut, including clients in West Hartford, Farmington, Avon, Simsbury, Old Lyme, Ellington, Tolland, North Haven, Wallingford, Wethersfield, Rocky Hill, Cromwell, Bethlehem, Moodus, East Haddam, Hadlyme, Madison, Middletown, Hartford, Southington, Plantsville, Griswold, Hartford County, New Haven County, Middlesex County, New London County and Litchfield County.

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