The elements of a wrongful death case in Connecticut

On Behalf of | Mar 24, 2022 | Personal Injury

Like all other states, Connecticut has its own requirements for wrongful death claims. In this state, you may have a case for a wrongful death if you can provide that the death occurred due to someone else’s wrongful acts, negligence or neglect.

Like many other places in the country, only the personal representative of the estate may bring the case to court.

What are the essential elements of a wrongful death case?

To be successful with a wrongful death case, you will need to prove several elements. These elements are the following.

  1. You need to show that there was negligence

To start with, you have to show that there was negligence that led to a person’s death. There has to be clear evidence showing that the other party was at fault because of negligent, reckless or careless behavior. They don’t have to be entirely at fault, but they should be primarily to blame.

  1. You have to show that they owed your loved one a duty of care

Next, you have to show that the at-fault party owed your loved one a duty of care. For example, if they were driving recklessly and hit your loved one, they would have failed in their duty to drive safely to protect other road users.

  1. You have to prove that the other party caused your loved one’s death

After that, you need to show clear evidence that the other party was responsible for your loved one’s death.

  1. You need to show quantifiable damages

Finally, you need to show that there are real financial damages. These might include funeral expenses, the cost of medical care or a loss of income.

If you can show each of these things, then you may be in a position to make a strong wrongful death case against another party. Remember, only the personal representative is allowed to start this case, so if you believe that one is necessary, talk to them. Alternatively, if you’re the representative, consider quickly looking into the four elements above to determine if you have enough support to make a case.

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