When a loved one dies due to the actions of another—whether in a car accident or in the workplace—you’ll want to do everything in your power to bring them to justice. In this case, you’ll need to file a wrongful death claim. Before meeting with an attorney, use the following guide to learn more about this legal process.

A Brief Guide to Wrongful Death Claims

What Is a Wrongful Death Claim?

If someone suffers from injuries that result in their death, you can file a wrongful death claim. It is essentially an extension of a personal injury claim (which does not result in fatality). The injuries may be caused by negligence, recklessness, or intentional actions.

How Does Filing Work?

Since the individual is deceased, the claim is made by someone else. In Connecticut, it must be brought by the designated executor or administrator of the decedent’s estate. If they did not choose one during the estate planning process, or if their chosen executor is unable to fill the role, the court will choose one.

Once filed, the claim enacts a civil lawsuit, in which the executor or administrator is fighting for monetary damages from the defendant—the person or party responsible for the wrongful death. 

What Are the Damages in a Wrongful Death Claim?

Instead of fighting for a sentence of jail time or probation, the individual who brings a wrongful death claim wants the defendant to offer compensation to the decedent’s survivors. This decision is made by a judge or a jury. The executor or administrator might claim there are several types of damages, such as medical bills, funeral expenses, and the decedent’s inability to earn money for their survivors. Other damages include pain and suffering the decedent experienced while suffering from their injuries, as well as the inability to “enjoy life’s activities.” 

If you’d like to file a wrongful death claim, turn to Gilbert P. Kaback Attorney at Law of Colchester, CT. He has over 22 years of experience fighting a wide range of legal battles for his clients. In addition to wrongful death, Attorney Kaback also works in family, personal injury, and bankruptcy law. To learn more about his practice areas, visit the website, or call (860) 537-0874 to arrange for a consultation.