What Types of Damages Are Recoverable in a Wrongful Death Claim?

 Posted on September 28,2020 in Wrongful Death

The term “wrongful death” is exactly what you would expect it to mean -- it refers to the untimely death of a person due to the negligence of another person. Dealing with death is difficult, but it can prove to be especially challenging if you know that your loved one’s death was due to the negligence and carelessness of another person. Fortunately, Connecticut has wrongful death statutes that allow you to collect compensation for your loved one’s pain and suffering if he or she had not died in the accident. Wrongful death cases can be complicated, which is why it is recommended that you get help from a personal injury lawyer if you are seeking compensation for your loved one’s untimely death.

Available Damages to Claim in Wrongful Death Cases

The entire premise of a wrongful death lawsuit is to allow a person’s family members to file what is essentially a personal injury lawsuit in the place of the deceased. Before any damages are awarded, the court must determine whether or not there is actually a case for negligence. If the defendant is determined to be held liable for a person’s wrongful death, they may be ordered to pay certain damages. These types of claims can be brought against someone after a fatal car crash or slip-and-fall accident. In some cases, a driver may have been intoxicated or a property owner failed to maintain a safe and secure environment for guests.   

Connecticut’s civil jury instructions state that these damages can include:

Economic Damages

• Reasonable and necessary medical and funeral expenses: These expenses could include medical care and expenses relating to the treatment of injuries that the decedent sustained due to the defendant’s negligence.

• Destruction of the decedent’s earning capacity: The destruction of a person’s earning capacity means that he or she has lost the ability to earn money. This can be compensated by calculating the decedent’s estimated net earnings within his or her probable lifetime, based on what his or her earnings prior to death.

Noneconomic Damages

• Destruction of the decedent’s ability to enjoy life

• Compensation for the death itself

• Pain and suffering

Contact a Hartford, CT Wrongful Death Lawyer Today

Losing a loved one under any type of circumstance is difficult but knowing that your loved one died because of the negligence of another person can make the emotional pain even more intense. At the Woolf Law Firm, LLC, we understand that sudden death can mean costly, unexpected out-of-pocket expenses. Even though no amount of money can bring your loved one back, our skilled East Hartford, CT wrongful death attorneys will work to recover an amount that you and your family deem fair. To learn more and discuss the details of your case, call our office today at 860-290-8690 to schedule a free consultation.

Sources:

https://www.jud.ct.gov/ji/Civil/Civil.pdf

https://www.cga.ct.gov/current/pub/chap_925.htm#sec_52-555