.
1. Connecticut
law provides for a cause of
action for wrongful death,
see Conn. Gen. Stat. §
52-555. Recovery in a
wrongful death case is based
on the loss to deceased (the
Estate). There are five
elements of recovery:
a. Conscious pain
and suffering prior to
death;
b. The death itself;
c. Destruction of
capacity to carry on and
enjoy life's activities;
d. Destruction of
earning capacity (the net
loss to the estate); and
e. Ante-mortem
expenses and funeral/final
expenses.
2. In Connecticut, a
claim must be brought within
two years of the death (the
statute of limitations). In
addition, sometimes there
are even shorter state or
municipal notice periods
that must be met, depending
on the facts of the
incident.
3. An Estate may
recover compensation only
for conscious pain
and suffering. See
Waldron v. Raccio, 166
Conn. 608, 618; Chase v.
Fitzgerald, 132 Conn.
461, 470. This means there
is no award of damages for
pain and suffering if the
deceased died immediately,
or was rendered unconscious
and then died, no matter how
severe the injuries.
4. Earning capacity
refers to the ability to
carry on the activity of
earning money. To determine
compensation for the
destruction of earning
capacity, one looks at
probable net earnings during
the probable lifetime of the
deceased, i.e., actual loss
of earnings reduced by the
liability for income taxes
and reasonable personal
living expenses (i.e., for
housing, food, medical
attention and care) during
the probable duration of
their lifetime. Floyd
v. Fruit Industries, Inc.
144 Conn. 659, 671, 676
(1957).
5. Only a surviving
spouse can recover for loss
of consortium, a claim that
includes the intangible
elements of the marital
relationship, including
love, affection,
companionship, sexual
relations, etc. Damages may
not be awarded for the loss,
sentimental or financial, to
the deceased’s family or
children. Lengel v.
New Haven Gas Light Co.,
142 Conn. 70, 78; Floyd
v. Fruit Industries,
144 Conn. 659, 676 (1957);
Mendillo v. Board of
Education, 246 Conn.
456, 482, 484-486 (1999).
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