Wrongful Death Lawyers in Connecticut

Fighting For Those Who Have Lost Loved Ones Due to Negligence 

RisCassi & Davis, P.C. is often called on to help families who have lost a loved one assess whether there is a potential Connecticut wrongful death case. If you suspect that someone may have been legally responsible for the death of a loved one, you should consult an attorney as soon as possible.

Whether or not you have been appointed executor or administrator of an estate of someone who recently died by the Probate Court, you may have questions concerning a potential wrongful death claim. Our Connecticut wrongful death attorneys are often contacted first by family members or next of kin, right after a death, before the Probate Court has even appointed an executor or administrator.

When we get requests for help on these cases, we work with loved ones, executors, or administrators to gather relevant records and make an assessment as to whether there is a case that we would be willing to pursue.

How is Wrongful Death Defined, and What Are the Common Causes of Wrongful Death Cases? 

Wrongful death is typically defined as a situation in which a person's death is caused by the negligence, misconduct, or wrongful act of another individual, company, or entity. This legal concept allows surviving family members or beneficiaries to seek compensation for their loss through a civil lawsuit.

Common causes of wrongful death cases may include:

• Medical Malpractice: Negligence by healthcare professionals leading to patient deaths, such as surgical errors, misdiagnosis, or medication errors.
• Car Accidents: Fatalities resulting from negligent or reckless driving, including drunk driving accidents, distracted driving collisions, and speeding-related crashes.
• Workplace Accidents: Fatal injuries sustained due to unsafe work conditions, lack of proper safety protocols, or employer negligence.
• Product Liability: Deaths caused by defective products, including faulty medical devices, dangerous pharmaceuticals, or poorly manufactured consumer goods.
• Criminal Acts: Homicides, assaults, or other criminal actions leading to the death of an individual.
• Premises Liability: Fatal incidents occurring on someone else's property due to hazardous conditions, inadequate security, or negligence in property maintenance.

It's important to note that each case is unique, and the specific circumstances surrounding a wrongful death claim will determine the applicable legal principles and potential liability.

Who Can File a Wrongful Death Claim in CT? 

In Connecticut, the laws regarding who can file a wrongful death claim are outlined to provide recourse for the surviving family members or representatives of the deceased individual. 

• Immediate Family Members: In Connecticut, immediate family members such as the spouse, children, or parents of the deceased individual are usually the first to be eligible to file a wrongful death claim. These family members are directly impacted by the loss and may seek compensation for the financial and emotional damages resulting from the death.
• Legal Representative: If the deceased individual had an estate, a legal representative or executor appointed to manage the estate may have the authority to file a wrongful death claim on behalf of the estate and the beneficiaries.
• Dependents or Beneficiaries: Other dependents or beneficiaries who were financially reliant on the deceased individual may also have the right to seek compensation through a wrongful death claim, depending on the specific circumstances of the case.
• Next of Kin: In cases where there are no immediate family members available to file a wrongful death claim, the next of kin or closest relatives of the deceased may be authorized to pursue legal action for wrongful death.

It is important to consult with a qualified attorney specializing in wrongful death claims in Connecticut to understand the specific eligibility criteria and legal requirements for filing such a claim. Legal guidance can help navigate the complexities of wrongful death cases and ensure that the rights of the surviving family members or representatives are protected throughout the legal process.

What is the Statute of Limitations for Wrongful Death Claims in Connecticut?

Just as there are statutes of limitations for personal injury claims in Connecticut, there is also a statute of limitations for wrongful death claims, which is set forth in Section 52-555 of the General Statutes. The current limitations period requires that any wrongful death claim be brought within 2 years of the date of death.

Certain claims, including, but not limited to, those against the State of Connecticut, municipalities, and other defendants, and certain statutory causes of action, including dram shop claims against liquor sellers, may have shorter limitations or notice periods.

What Types of Damages Can Be Pursued for Wrongful Death Claims?

The types of damages that can be pursued for wrongful death claims include:

• Economic Damages: These may cover medical expenses, funeral and burial expenses, loss of financial support, and loss of future wages.
• Non-Economic Damages: This category includes compensation for pain and suffering, emotional distress, loss of companionship, and loss of consortium.
• Punitive Damages: In cases involving reckless or intentional misconduct, punitive damages may be sought to punish the responsible party and deter similar behavior in the future.

It's advisable to consult with our wrongful death lawyers in Connecticut for accurate guidance tailored to individual circumstances.

Not all of the complexities can be covered here. The best advice is to consult a reputable wrongful death lawyer in Connecticut as soon as practicable if you suspect that the decedent’s death was preventable. Call us at (860) 245-2412 to begin.