Wrongful death claim from a fatal truck accident

On Behalf of | Oct 24, 2022 | Truck accidents, Wrongful death |

Wrongful death is a tragedy that no parent, child or spouse in Connecticut should ever face. If you lose a loved one as a result of a preventable truck accident, you may be able to file a lawsuit to receive compensation that may help you cope with the financial challenges that often accompany these devastating events.

Wrongful death claim in Connecticut

A wrongful death claim arises when someone or an entity kills another person as a result of negligence or an intentional act. To win a wrongful death case, the plaintiff must prove that the defendant’s actions were the cause of death and that loss of life resulted in damages.

Causes of wrongful death in truck accidents

Semi-trucks and commercial vehicles are some of the largest, heaviest and most dangerous vehicles on the road. Consequently, when involved in motor vehicle accidents, the results are often catastrophic. Common causes of fatal crashes in Connecticut include:

  • Driver fatigue
  • Improperly secured loads
  • Speeding
  • Reckless driving
  • Driving under the influence of drugs or alcohol

People who can file a wrongful death claim

The state law limits the people who can file a wrongful death lawsuit in Connecticut to individuals considered “distributees.” This encompasses the surviving spouse, children and parents of the deceased person. If there are no surviving distributees, then the deceased person’s estate administrator can file the lawsuit.

Damages that you can recover

You can recover both economic damages, such as funeral costs and lost income, as well as noneconomic damages, such as pain and suffering, in a wrongful death lawsuit. In some cases, the court may award punitive damages if the defendant’s actions were particularly egregious.

Timeline for bringing this lawsuit

Connecticut’s statute of limitations for filing a wrongful death claim is two years from the date of death. If you do not file your lawsuit within this timeframe, the judge will likely bar you from doing so unless there’s a compelling reason not to. For example, if the cause of the accident stemmed from the manufacturer, and it took you a long time to figure this out, the court may give an exception.

A successfully resolved wrongful death claim can provide accountability and some degree of closure to the victims of the deceased. Further, accountability can help protect other families from facing a similar tragedy.