New Haven Wrongful Death Lawyer

Losing a loved one can feel unbearable. Grief and loss can overwhelm you and make it difficult to get through each day, let alone support yourself or your family. Learning that your beloved spouse, parent, or child’s death was preventable can magnify your sorrow and anger.

If you suspect someone else’s mistakes or willful misconduct led to your loved one’s untimely death, consider filing a personal injury claim. A New Haven wrongful death lawyer can explain your rights and help guide you through the legal process.

When Is It Possible to Sue for Wrongful Death?

Wrongful death litigation is a subtype of personal injury litigation, so most of the same basic procedural rules that apply to standard personal injury claims also apply to these claims. Just like in an injury claim, simply being involved in a fatal accident does not make someone inherently liable for losses stemming from that harm.

Instead, holding someone else civilly liable for a wrongful death generally requires proving that they directly caused the death in question through their own negligence. Under Connecticut civil law, someone is negligent and therefore at fault for an injury if all the following conditions are met:

• The “defendant” being sued had an implicit or explicit legal obligation to act responsibly around other people so as to minimize the risk of anyone suffering avoidable injury, known in legal terms as a “duty of care”
• The defendant violated their duty of care through a specific reckless, careless, and/or unlawful act
• The defendant’s irresponsible act was the “proximate”—meaning “main and direct”—cause of an otherwise preventable accident
• That accident was the proximate cause of a serious physical injury, which, in this specific type of scenario, directly resulted in someone’s premature death

Under certain circumstances, it may alternatively be possible to hold someone—or, more often, a company or corporation—strictly liable for fatal injuries without needing to prove they did anything specifically irresponsible to cause those injuries. A New Haven wrongful death attorney from our team can discuss the optimal path forward for your potential claim during a private initial meeting.

Navigating Criminal Charges Related to a Wrongful Death

Sometimes, an act that directly results in another person’s premature death also constitutes a violation of the Connecticut Penal Code. In this situation, any pending criminal case being pursued against the person at fault for the death would be entirely separate from any civil claim being pursued against them simultaneously, and the outcome of one case would have no direct impact on the outcome of the other.

It is also possible for someone to be found civilly liable for wrongful death even after they have been acquitted of related criminal charges or had their charges formally dismissed. This is because the standard of proof which criminal prosecutors must meet in order to obtain a conviction is higher than the one applicable to civil plaintiffs: “beyond a reasonable doubt” in the former scenario, as opposed to “based on a preponderance of the evidence” in the latter. A seasoned lawyer can explain in more detail how a wrongful death case might proceed.

Potential Recoverable Damages in a Wrongful Death Suit

Different states have different rules as to who can file a wrongful death suit for compensation. Connecticut law limits eligibility to the executors of a decedent’s estate. Consequently, the types of damages available to surviving family members of a deceased loved one are different than in other states. In states that allow spouses, parents, and children to file direct claims for wrongful death, those relatives can directly sue for damages that they personally suffer. In other words, family members can sue for loss of companionship, emotional support, or guidance.

Because Connecticut only allows administrators or executors to file claims, those claims do not generally cover a family’s losses, other than the loss of consortium for a surviving spouse. According to Connecticut Statutes Section 52-555, an executor can bring a claim to seek damages suffered by the decedent themselves, not the family. Some types of recoverable damages include:

• Pain and suffering before death resulting from the defendant’s actions
• Loss of wages, income, and future earnings
• Loss of enjoyment of life
• Hospital expenses resulting from the injury
• Funeral and burial expenses

Seasoned local attorneys have extensive experience with Connecticut’s wrongful death statute and know how to maximize a family’s potential recovery.

Increased Compensation for Deaths from Dangerous Driving

If someone passes away in a New Haven car crash caused substantially by another person’s deliberate or reckless violation of certain traffic laws, a court overseeing a wrongful death lawsuit based on that crash has the authority to award double or triple damages to the plaintiff(s). In order for this to happen, you must specifically request double or triple damages in the initial complaint, along with an explanation about why you believe this outcome would be warranted under the circumstances.

Courts generally only agree to this type of recovery in situations involving extremely egregious misconduct, like going well over the posted speed limit or driving while severely impaired by alcohol or drugs. A wrongful death lawyer from our New Haven office can discuss whether this approach would be appropriate for your claim and, if so, help you incorporate it into your lawsuit or settlement proposal.

How Long Does it Take to Resolve a Wrongful Death Lawsuit?

A wide variety of factors can affect how long it takes to resolve a wrongful death legal suit. Quick resolutions often come with cases that have less disputed facts and legal issues. Some cases require a detailed understanding of complex issues, such as cases involving deaths resulting from defective products. Other cases involve disputes in liability where a defendant argues that they were not responsible for causing the decedent’s death. If the at-fault person accepts liability, the only disputed issue might be the amount of damages.

The skilled attorneys at Berkowitz Hanna have extensive experience with investigation and negotiation. We know how to comb through evidence, searching for proof of precisely what caused the decedent’s death. From here, our knowledgeable attorneys can use that evidence to identify the responsible parties in a Connecticut wrongful death case and build solid claims against them. As experienced negotiators, our legal team knows how to maximize a claim’s potential value in order to help surviving family members.

Schedule Your Free Consultation With a New Haven Wrongful Death Attorney

Losing a loved one because of someone else’s negligence or wrongdoing is devastating. The people responsible for your loved one’s death should be responsible for the harm they caused. A wrongful death lawsuit could give you the chance to hold the at-fault party legally and financially accountable for what they did.

If you lost a loved one to a car crash, sports injury, medical error, or other type of fatal accident, reach out to a New Haven wrongful death lawyer right away. Our dedicated team at Berkowitz Hanna is committed to making things right for you, and we will fight hard for what you deserve.