When an innocent person dies due to the negligent, reckless or intentional wrongful conduct of another, the decedent’s estate may file a claim against the responsible party under Connecticut’s wrongful death statute. The untimely death of your loved one could be due to another causing this death by operating his or her vehicle in violation of our traffic safety laws; by an assault; or due to defective product, and any other such wrongful conduct of another who needlessly causes the death of another. The damages awarded in this “type” of case would go to the estate and then to the decedent’s beneficiaries.
Damages for wrongful death caused by the wrongful conduct of another is governed by a statute, C.G. S. Section 52-555. This statute provides the type of damages that may be recovered, and, along with the caselaw interpreting this statute, make it clear that the damages are calculated from the perspective of the decedent, and not from the perspective of the surviving loved ones. In short, while the surviving loved ones provide testimony on the type of person the decedent was, the court is required to establish a compensation amount that attempts to place a value upon the life of the decedent in dollar terms as best as possible, following the criteria set forth below.
The statute allows for payment of the following types of damages:
2)any medical bills incurred prior to the decedent’s untimely death;
3) conscious pain and suffering;
4) the value of the decedent’s lost earning capacity less deductions for (his/her) necessary living expenses, taking into consideration that a present cash payment will be made;
5) compensation for the destruction of the decedent’s capacity to carry on and enjoy life’s activities in a way that (he/she) would have done had (he/she) lived;
6) and compensation for the death itself.
Helping You Get Justice and Compensation:
The emotional cost of losing a loved one can be overwhelming. As you try to face this loss, you may have to consider the financial aspects of a wrongful death as well. If the victim was a wage earner or if there are medical bills from the injury, your family may experience financial difficulties in the future. The surviving spouse and the children of the decedent have their world turned upside down by the death of their loved one emotionally and financially. The CT wrongful death statute attempts to provide some redress for this difficult situation, by providing monetary damages to the estate that can then go to the surviving beneficiaries of the decedent. No money can bring back the loved one or replace them, but the law attempts to help lessen the financial sting of this death upon the survivors, through the damages provided under the wrongful death statute.
Bringing a wrongful death claim against the negligent party is a way to secure financial stability for your family. At the Tindall Law Firm, LLC, we help families of wrongful death victims recover the compensation they need to help them deal with their financial loss and move forward in the best way possible.You can rely on our law firm for compassionate and zealous advocacy, as we work to obtain proper compensation for you.For a free consultation with a Waterbury wrongful death attorney, please call 203-755-0018