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In this post we will cover the damages available in wrongful death lawsuits.
Types of Damages
Below are the type of damages the CT wrongful death statute in a wrongful death lawsuit:
The statute allows for payment of the following types of damages:
1)funeral expenses;
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.
Punitive damages:
In extreme cases of outrageous conduct, punitive damages or double and treble damages can be awarded against the defendant who caused another’s death if said conduct was intentional or reckless as defined by the law.
These damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.
Calculating Damages
Calculating damages is very complicated, and often expert witnesses, such as economists and actuaries, are called in to give their opinions on what they feel is the proper amount of damages.
Oftentimes these calculations will include not only income and benefits earned outside the home, but also the monetary value of services and care provided inside the home by a homemaker parent (such as child care, cooking, laundry, house cleaning and maintenance, shopping, education, medical care, and transportation).
Time Limits for Filing a Wrongful Death Claim
As a general rule, a lawsuit must be filed within two years of the date of the misconduct that caused the death of the victim. First, though an estate must be set up for the matter to proceed.
Our firm has vast experience handling these types of cases and are here to answer your most difficult questions and help you through the process of trying to recover after such a tragic loss.
To schedule a free consultation, please call Tindall Law Firm 203-755-0018 today. For more information please visit http://tindall.webozy.net/wrongful-death/