AN OVERVIEW OF THE BASICS IN A WRONGFUL DEATH CLAIM

The loss of a loved one can be a traumatic experience for any Connecticut resident. However, when that loss occurs due to another party’s negligent or reckless conduct, the loss can be even more tragic. No one should have to endure the emotional pain of that type of loss but, unfortunately, such “accidents” are one of the leading causes of injuries and deaths in America. In certain situations, the surviving family members of the deceased person may have a legal option: a wrongful death claim.

This type of legal claim can be pursued when some basic points are met: there is a death of a person; that death was caused by the reckless or negligent conduct of another party; and the death resulted in monetary loss or injury to the deceased person’s family members. The first point is, obviously, quite simple to prove when a person dies. However, the second and third basic points of a wrongful death claim can be much harder to prove, and are the real crux of such a case.

Proving the negligence or recklessness of another party in a wrongful death case is quite similar to proving such actions or omissions in any other personal injury case, usually turning on the “but for” analysis: the death in question would not have occurred “but for” the negligent or reckless actions or omissions of the other party. Proving monetary loss or injury can be tricky as well, with many cases turning on the projected lifetime earnings of the deceased person if that person had not died. Such earnings are projected using past earnings, in many cases.

Although surviving family members may be grieving after the loss of a loved one, they should remember that they may have legal options if the death was caused by another party. A wrongful death claim could be a way to secure much needed financial compensation.