How Is Liability Determined in a New Haven Wrongful Death Case?
The sudden loss of a loved one due to someone else’s actions creates both powerful grief and complex legal questions. When you file a wrongful death lawsuit in New Haven, proving liability is critical to securing justice and compensation. Liability forms the foundation of any wrongful death case, establishing who bears legal responsibility for your loved one’s death and what compensation their estate and surviving family members may receive.
If you have lost a loved one, contact our New Haven wrongful death attorneys to discuss your legal options today.
What Is Considered a Wrongful Death in Connecticut?
According to Connecticut Code Section 52-555, a wrongful death happens when someone dies due to the legal fault of another person or entity. The state’s wrongful death statute allows the deceased person’s estate representative to pursue compensation when death results from negligence, recklessness, or intentional acts, such as:
- Motor vehicle accidents
- Workplace accidents
- Dangerous property conditions
- Inadequate security measures
- Defective products
- Medical malpractice
- Crimes such as assault
What connects these situations is that someone other than the deceased is responsible for causing the fatal injury or condition. One way to determine wrongful death eligibility is to ask whether the deceased person could have filed a personal injury lawsuit had they survived. If they would have had grounds for this type of claim, their estate likely has grounds for a wrongful death lawsuit.
How to Prove a New Haven Wrongful Death Lawsuit
To recover compensation in a wrongful death lawsuit, you will need to prove that the defendant’s negligence directly led to your loved one’s death. Your wrongful death attorney in New Haven will need to methodically present evidence that proves these four essential elements:
- Duty of Care: The defendant had a legal obligation to act with reasonable care toward the deceased.
- Breach of Duty: The defendant violated this duty through action or inaction.
- Causation: This breach directly caused the death of your loved one.
- Damages: The death resulted in damages to the estate and surviving family members, such as medical expenses, funeral costs, and non-economic damages like loss of companionship.
Evidence That Can Be Used to Establish Liability
Unlike criminal cases that require proof beyond a reasonable doubt, wrongful death claims are civil matters requiring a preponderance of evidence—meaning it’s more likely than not that the defendant’s actions caused the death. Several pieces of evidence can be used to establish liability and prove the surviving family’s right to fair compensation.
Police reports often provide details about what happened and who was at fault. These official documents can establish negligence patterns and rule violations that directly contributed to the fatal incident. Medical records and expert testimony are equally valuable, connecting the defendant’s actions to the injuries that caused death. Physical evidence from the scene, eyewitness statements, surveillance footage, and electronic data can further strengthen your case by creating a timeline of events.
What to Do If You Lost a Loved One Due to Another’s Actions
If you believe someone else’s negligence caused your loved one’s death, gather as much evidence related to the incident as possible. Then, consult a New Haven wrongful death attorney immediately. A lawyer can provide important guidance during this difficult time, from investigating the case to handling the courtroom process. Schedule a free case review and take the first step toward securing justice for your loved one.