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Justice Requires Money Damages as Compensation for All Losses and Injuries Arising From a Wrongful Death Caused by a Motor Vehicle Accident
If a person is killed in, or dies as a result of, an accident or collision involving a car, truck, or motorcycle, that person's Estate is entitled to justice in the form of money damages as compensation for ALL losses, harms, and injuries suffered because of the accident or collision. The law in Connecticut on damages in wrongful death motor vehicle accident claims can be summarized as follows: Insofar as money can do it, the victim of a motor vehicle accident or collision (car, truck, or motorcycle) that was caused by someone else's negligence, carelessness, or recklessness, should receive fair, just and reasonable compensation for all injuries and losses, past and future, that were proximately caused by that accident or collision.
Under this rule of Connecticut law, money damages are not considered an "award" for the victim or "punishment" for the driver, but rather they are considered COMPENSATION for all injuries and losses suffered as a result of the accident or collision. The goal of this Connecticut law is to put the victim's survivors in the same position, as far as money can do it, that they would have been had the defendant not been negligent, careless, or reckless.
If a person is killed in, or dies as a result of, an accident involving a car, truck, or motorcycle, our Auto Accident Law Group would open an Estate for the survivors in Probate Court and then prosecute a claim against the wrongdoers. This type of claim is called a "wrongful death" accident claim and is allowed by Connecticut law; see General Statute § 52-555. One goal of such a wrongful death claim is to help the survivors cope with their loss and to move forward as best they can under the circumstances without that person in their lives—without that person's support, companionship, and love.
Any money recovered from the wrongful death vehicle accident claim would be distributed to the appropriate survivors (after approval by the Probate Court). If the deceased person had a will, the recovery would be distributed to the beneficiaries named in that will. If the deceased person did not have a will, the recovery would be distributed to that person's heirs pursuant to the applicable Connecticut General Statutes. (See the specific FAQ's on distribution of recovery in a wrongful death motor vehicle accident claim for more details.)
In Connecticut, the harms, injuries and losses suffered by the Estate are broken down into two distinct categories, as established by Connecticut General Statutes § 52-527h (a): Economic Damages and Non-economic Damages; and also Connecticut General Statute § 52-555, Actions for injuries resulting in death.
In the context of a wrongful death Auto, Truck, or Motorcycle Accident claim, the phrase "Economic Damages" means "compensation ... for pecuniary losses including, but not limited to, the cost of reasonable and necessary medical care, rehabilitative services, custodial care and loss of earnings or earning capacity ...." Connecticut General Statutes § 52-572h (a). In plain English, this means losses or damages that can be measured in actual dollars. In a wrongful death claim, some examples might include medical bills for treatment before the person died, wages or income lost before death, estimated future lost wages or income, etc. For additional examples economic losses that fall into this category, see the FAQ entitled "A Person's Estate can Recover Compensation for All Economic Damages For Wrongful Death Caused by A Motor Vehicle Accident."
The phrase "Non-economic Damages" means, in the context of wrongful death arising from a car, truck, or motorcycle accident means, "compensation ... for all nonpecuniary losses including, but not limited to, physical pain and suffering and mental and emotional suffering...." Connecticut General Statutes § 52-572h (a). For additional examples of non-economic losses that fall into this category, see "A Person's Estate can Recover Compensation for All Non-Economic Damages For Wrongful Death Caused by A Motor Vehicle Accident."
Americans measure justice in wrongful death motor vehicle claims in terms of money damages because that is all we can give to the survivors of the person who has died. But there's a problem. Insurance companies do not believe in liberty and justice for all. Insurance companies believe only in corporate profits and routinely try to deny the survivors full and fair compensation. So what do you do? Get an Advocate to protect your rights. At Advocates Law Firm, the lawyers on our Auto Accident Law Group help people with legitimate claims get justice. That's our business. We have fought insurance companies and helped the survivors of wrongful death vehicle accident claims to get the compensation and justice they deserve and need since 1983. We have the experience, skills, and resources to get the job done. And we have the confidence and courage to put our money and time on the line for you - as we charge no fees or expenses unless we win. That makes us partners with you in the pursuit of justice.
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Destruction of Earning Capacity
The Connecticut wrongful death statute differs from the Lord Campbell's form in that it does not create a cause of action in the survivors of the decedent, but merely adds an element of death damages to the decedent's cause of action for those injuries that were the proximate cause of his death. [FN9] The recovery under Connecticut law is determined from the standpoint of the decedent [FN10] and is measured by the damages to him alone, not by the loss to his survivors. No action can be brought by a survivor in his individual capacity.
If you or a loved one has suffered a serious injury or loss caused by a car accident, motorcycle accident, or truck accident, please contact our Auto Accident Law Group to arrange a free and confidential consultation.