Fairfield County Connecticut Wrongful Death Attorney
Losing a loved one is a tragic experience. The pain from loss of a loved one is is worsened when the death was the result of someone else’s negligence. A wrongful death claim can arise from any personal injury incident, such as medical malpractice, car or truck accidents, dangerous medications, defective products, unsafe premises, nursing home abuse and many other situations.
A wrongful death lawsuit is brought by the representative of the estate of the decedent. If the decedent died and had a will the fiduciary named in the will known as an executor or executrix acts on behalf of the estate. If there was no will, the Probate Court claim appoints a representative known as an Administrator or Administratrix.
Connecticut’s wrongful death statute permits the recovery of damages for economic losses suffered by the decedent and non-economic losses. Economic losses include lost wages, medical, and funeral bills. Non-economic damages are recoverable for the loss of life itself, the loss of enjoyment of life, and pre-death physical pain and suffering. In addition to the Estate’s claim for damages the surviving spouse is entitled to pursue a claim for loss of companionship, known in the law as loss of consortium. In certain limited circumstances a close family member may be able to recover damages for emotional distress if they witnesses the actual death, such as a spouse or chld witnessing a family member being killed by a car.