Car accidents are among the leading causes of injuries in this country, and they can have devastating consequences for those involved. There are many causes of Connecticut car accidents, but most accidents are results of aggressive driving or road rage, distracted driving, or intoxicated driving. In the tragic event of the death of a loved one, wrongful death claims can help to hold others accountable for their actions and to recover compensation for losses from car accidents.
Wrongful Death Claims
In a wrongful death action, the right to bring the case and recover damages belongs to the decedent. The right to bring a wrongful death action exists because it is seen as a continuation of the decedent’s right to assert a claim as if they had lived. A wrongful death claim can be — and often is — brought by a personal representative of the estate of the decedent.
In a wrongful death claim, the plaintiff has to prove that there was a violation of the standard of care, as well as a causal relationship between the injury and the decedent’s death. Therefore, as in other negligence claims, in wrongful death claims, the plaintiff must prove that the defendant is legally at fault for the accident and that the accident was the proximate cause of the injury or death.