What Elements Need to Be Proven in a Connecticut Wrongful Death Case?

 Posted on March 15, 2022 in Personal Injury

The unexpected loss of a loved one can have catastrophic financial effects on a family. When that loss is the result of the negligent or reckless act of another person, the victim’s family can file a wrongful death claim to pursue financial compensation for their emotional and financial losses. In general, the survivors that are allowed to file a wrongful death claim are the victim’s spouse and children, parents, siblings, or the representative of the victim’s estate.

Wrongful Death Claims

There are multiple types of incidents or accidents which could cause the death of a victim and result in the family filing a wrongful death claim against the party or parties whose actions or behavior caused the accident that killed the victim. Some of the more common types of accident include:

• Motor vehicle accidents
• Medical error or malpractice
• Premises liability accidents
• Work accidents or illness
• Birth injuries
• Nursing home abuse or neglect
• Defective or dangerous product
• Criminal action

Elements Needed

In order to be successful in proving a wrongful death case, there must be four elements or factors proven:

• Negligence – The defendant acted in a way that a reasonable person would not have done, either negligently, recklessly, or intentionally.  
• Breach of duty – The defendant owed a duty to the victim but failed to keep that duty. For example, a vehicle owner has a duty to drive safely and obey all traffic laws. If a driver who has been drinking causes a crash and a victim dies, that driver committed a breach of duty to the victim by committing the crime of drunk driving.
• Causation – The victim’s death was a direct result of the defendant’s negligent actions. Had the defendant not acted negligently, recklessly, or intentionally, the victim would not have died.
• Damages – The victim’s death resulted in economic damages to the family, such as medical expenses, funeral and burial costs, loss of both present and future income and benefits, as well as noneconomic damages, such as loss of guidance, loss of care, and emotional anguish.  

Contact a Metro New York Area Wrongful Death Attorney

If you have lost a loved one because of the actions of another person, a wrongful death lawsuit can give you the financial justice you deserve. At Ivey, Barnum & O'Mara, LLC, we understand that no amount of money will ever make up for your family’s loss, but we also understand the financial toll your loved one’s death may be causing you and your family.

It is important to know that there is a statute of limitations in filing a wrongful death claim, so it is important not to delay. Even if criminal charges have been against the at-fault party for your loved one’s death, you can still pursue your case. Call 203-661-6000 today to schedule a free consultation with one of our compassionate Greenwich, CT wrongful death lawyers.

Source:

https://www.cga.ct.gov/current/pub/chap_925.htm