Accidental injuries are unfortunately a common occurrence. A person who is injured in an accident is allowed to collect damages from any parties that bore some responsibility. However, if the injured person dies as a result of that accident, their family then has the right to collect damages for their own losses.
If you lost a loved one due to an accident caused by another person, you could consult a Windsor wrongful death lawyer to discuss any damages you may be able to recover. A compassionate personal injury lawyer could handle your claim and argue for compensation before a court so you could focus on the emotional stress of dealing with your loss.
Statute of Limitations for Wrongful Deaths in Windsor
Under General Statutes of Connecticut 925 § 52-555, a plaintiff has two years from the time of death to file a wrongful death lawsuit. In general, they may also not submit a claim more than five years after the date of the accident that led to death. An exception exists if the defendant received:
- A conviction for the same act
- A conviction or a verdict of not guilty due to a mental defect on a murder charge
- Murder with special circumstances
- Felony murder
- Arson murder
- Manslaughter in the first degree
In a civil claim for injury resulting in death, whether the death occurs at the time of the injury or later, a representative of the deceased may recover reasonable medical or hospital costs and just damages from anyone found liable. To discuss damages they could recover in a wrongful death action, a person should speak with a wrongful death attorney in the Windsor-South Windsor area.
The Distribution of Damages
In determining liability and damages in a wrongful death case under the theory of negligence, Connecticut applies a “modified comparative fault” rule. To determine liability, the jury or court assigns a percentage of the fault to all parties involved, including the plaintiff. A plaintiff determined to be more than 50 percent at fault may not recover any damages from the other parties.
Any share of fault assigned to the plaintiff is subtracted from the total damages to determine their total recoverable damages. For example, if the total damages award is $10,000, and the plaintiff is 10 percent at fault, then their award will be reduced by 10 percent, for a final total of $9,000.
If the court concludes that any defendant’s damages are uncollectable, the award may be reapportioned among paying defendants, who would then have a right to seek reimbursement from the unpaying defendant later. Someone in Windsor or South Windsor considering the feasibility of a wrongful death action could receive advice as to what damages to collect by contacting a wrongful death attorney.
Speak with a Windsor Wrongful Death Attorney
The loss of someone close to you is an incredibly difficult event to get over. While nothing can truly replace them, recovering damages from their accident could help ease any financial burden you are feeling and account for some measure of justice.
Do not let their loss deter you from taking legal action and possibly missing the statute of limitations. To assess the likelihood of recovering compensation, contact a Windsor wrongful death lawyer immediately.