Law Firm Chronicle

Wrongful death verdicts are rarely less than $1 million, no matter what the precipitating circumstances.

Wrongful deaths are the saddest events of all, so it makes sense that the ensuing verdicts arising from these invariably emotionally devastating cases are the most fruitful as to settlements and awards. No matter who dies “wrongfully” as precipitated by negligence or deliberate malfeasance, the loss is exacerbated because the death, as determined in a Connecticut courtroom or as settled prior to trial, could have been prevented.

Connecticut’s wrongful death statute is a survival statute. Section 52-555 of the Connecticut General Statutes provides in relevant part that an administrator may recover “from the party legally at fault for such injuries [resulting in death] just damages together with the cost of reasonably necessary medical, hospital, and nursing services, and including funeral expenses.” The Connecticut Supreme Court has further defined that “damages for wrongful death are not restricted to those arising from the mere distraction of earning capacity. Some damages are recoverable for the death itself, even though instantaneous, without regards to earnings or earning capacity.” This addendum was first stated in Floyd vs. Fruit Industries, Inc., a 1957 case.

There is no precise mathematical formula for assessing damages in death cases. As Josef Godefroy first stated in the year 1286 (as translated from the French), “No one life is like any other, and the damages for the destruction of one furnish no fixed standard for others.” In Connecticut, an award of damages in a wrongful death action is a matter peculiarly within the province of a trier of facts. A court should not interfere with the jury’s determination unless the verdict is plainly excessive or exorbitant. Such language enables wrongful death settlements to be typically in excess of $1 million. A few examples may suffice. A 66-year-old male warehouse employee bled to death after undergoing colon surgery performed by the defendant’s physician. Settlement in this case amounted to $2 million. In another case, a two-year-old child drowned in a pond while playing at the defendant’s marina. The defendant denied liability, but was ultimately found liable for $2.8 million.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit www.Strattonfaxon.com.

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