Everyone knows car accidents can lead to many kinds of serious problems: whiplash, spinal injury, soft tissue injury, damaging/totaling a car or destruction of property to name just a few. However, none of these consequences are as devastating as a death. When a car accident is fatal, it is truly a tragedy for everyone involved. And while the loved ones of the deceased person are no doubt focused on their grief after the accident, it’s important for families to understand their legal claims for wrongful death. After an accident, time is of the essence when building a case for liability. It’s important to collect evidence before there’s a chance for it to be lost or altered and also to talk to witnesses while their recollections are freshest.

If you’ve lost a loved one as the result of a car accident, the CT injury lawyers at Leighton, Katz & Drapeau extend their deepest condolences. We understand that this is a difficult time, that’s why it’s our job to represent the interests of accident victims and their families. We will do everything can to ensure that your matter is handled with compassion. We know that a financial settlement will not replace a beloved family member--but it is important to ensure that the surviving family members are left with as much financial support as possible for an uncertain future.

What Is a Wrongful Death Action?

Connecticut Code Section 52-555 says that a wrongful death claim is any civil claim for injuries resulting in death. The claim is just like any other personal injury claim in that the plaintiff must prove that negligence or recklessness caused the injury and damage--in this case, the damage is a fatality.

In most personal injury cases, the plaintiff is the injured person. However, in a wrongful death case, the injured person is no longer alive to be a party in a lawsuit. As a result, someone else must bring the wrongful death action on the deceased person’s behalf.

Who Can Bring a Wrongful Death Claim in Connecticut?

In a wrongful death matter, the plaintiff must be the executor or administrator of the deceased person’s estate. This person is usually named in a person’s will. However, if the person dies without a will, or if the named executor cannot serve, the court can name someone to step into the role.

Which Types of Car Accidents Are Most Likely to Be Fatal?

In the United States, there are a whopping six million car accidents each year. And while car accident related deaths are relatively rare, there are still over 37,000 fatalities caused by U.S. car accidents each year. That means that nationwide, about 100 people die as a result of a car crash every day. According to the Insurance Institute for Highway Safety (IIHS), head-on collisions are the most deadly type of accident, accounting for more than half of car accident deaths. Other especially deadly types of accidents are:

• Rollover accidents

• Side impact accidents (T-bone)

• Accidents involving fast speeds

Rear end accidents are the least deadly, making up only 5 percent of car accident fatalities.

Car accidents are often caused by the negligence of one or more drivers involved in the crash. Common causes of car accident related fatalities include:

• Driving while texting or otherwise distracted

• Driving while under the influence of alcohol or drugs

• Excessive speeding

• Driving to fast for weather conditions

• Driving while drowsy or sleep deprived

• Running red lights or stop signs

• Road rage or overly aggressive driving

• Road racing or joyriding

There are many ways that a driver’s negligence or recklessness can lead to an accident with devastating results. Proving negligence or reckless driving in a fatal accident is required for a family to recover in a wrongful death action. An experienced wrongful death attorney in Connecticut can help prove that your loved one’s death was caused by a driver’s negligence or reckless driving.

How Do I Know How Much Money I May Recover?

As with any personal injury case, the dollar amount available to the plaintiff is dependent upon the unique circumstances of the case. In wrongful death cases, there are a few types of damage or loss that may be recovered. These include:

• Medical expenses and other health care related expenses relating to the victim’s injuries or final illness caused by the accident

• Funeral and burial expenses

• Loss of the decedent’s future earning potential

• Pain and suffering endured by the deceased person before they died

• The emotional trauma of the deceased person after the accident

• Damages for the “loss of enjoyment of life’s activities” before the death

In certain cases, a wrongful death plaintiff may receive double or triple damages if the driver who caused the accident showed a reckless disregard for safety and traffic laws. The driver’s recklessness must have been a “substantial factor” in causing the victim’s death. A wrongful death plaintiff must bring up these claims for special damages as a result of recklessness at the time the suit is brought to recover double or triple damages.

Is There a Statute of Limitations for Bringing a Wrongful Death Claim in Connecticut?

Yes. A decedent’s executor or administrator must file a wrongful death claim within two years or the victim’s death. Two years might seem like a while, but after a serious tragedy and period of mourning, two years can fly by for a family. That’s why it’s important to contact someone to represent you sooner than later.

There are a few exceptions to the two-year limitation period. For instance, the negligent actions may not be discovered immediately after the accident. However, even when exceptions exist, a case can never be filed more than five years after a death.

Don’t Wait to Pursue Your Legal Rights

If you lost a loved one as a result of a car accident, you deserve compensation from the person responsible. The Hartford wrongful death attorneys at the law office of Leighton, Katz & Drapeau can help protect you during a very difficult time. Call us at (860) 875-7000 or contact us online to schedule your free consultation with one of our experienced attorneys.