Table of Contents
- Who Can File a Wrongful Death Lawsuit in Connecticut?
- Who Can Recover Money in a Wrongful Death Lawsuit Settlement?
- What Damages Can Be Recovered in a Wrongful Death Claim?
- How Long Do I Have To File a Wrongful Death Lawsuit in Connecticut?
- Examples of Wrongful Death Situations in Connecticut
- Kennedy, Johnson, Schwab & Roberge, P.C., Your Connecticut Wrongful Death Lawyer, Is Here to Help
Who Can File a Wrongful Death Lawsuit in Connecticut?
A wrongful death claim arises when someone dies from another’s actions or inaction. Liable parties could include individuals, government entities, or corporations. Unlike in other states, wrongful death claims in Connecticut are unique because the damages are primarily based on the decedent’s harm, not the family’s.
Under Connecticut’s wrongful death statute, an estate executor or administrator must bring the legal action. An executor is named in a will, while an administrator is appointed by the court if there is no will. Either may be a family member, but that isn’t always the case.
When the personal representative of the deceased’s estate files a wrongful death claim, they generally do so on behalf of the following parties:
- The surviving spouse
- The surviving children
- The surviving parents
- The deceased’s estate
Who Can Recover Money in a Wrongful Death Lawsuit Settlement?
Wrongful death damages go to the deceased’s estate. Executors distribute them according to a will or, if there is no will, based on probate property distribution statutes that favor close family members. Other family members may receive damages from a wrongful death lawsuit after the probate process, including siblings if there is no will and no spouse, children, parents, or descendants.
Connecticut law allows some parties to make a separate claim for their individual damages, which is attached to the wrongful death lawsuit. If you are the surviving spouse, you are entitled to pursue emotional damages in a wrongful death claim for spousal loss of consortium. Additionally, children who are minors at the time of a parent’s death may recover for loss of parental consortium.
Loss of consortium damages do not become part of the deceased’s estate but go directly to the spouse or children named in the attached claims.
What Damages Can Be Recovered in a Wrongful Death Claim?
You can seek economic and non-economic damages in a wrongful death lawsuit. Economic damages address financial losses, such as medical expenses, nursing care, loss of earning potential, and funeral and burial expenses. Non-economic damages compensate for the less quantifiable impacts, such as the deceased’s pain and suffering and loss of enjoyment of life.
In an attached spousal loss of consortium claim, non-economic damages can include loss of society, affection, moral support, services, sexual relations, and companionship. Loss of parental consortium damages for children include loss of parental services, such as cooking and housekeeping, as well as loss of care, love, and companionship.
A judge may order double or triple damages in wrongful death cases involving deliberate or reckless disregard of specific traffic laws, such as speeding or drunk driving.
Additionally, your attorney can advise you if you are eligible to pursue punitive damages, which are intended to punish the liable party for their conduct. Legal standards for punitive damages will vary by claim type. For example, if your loved one has died due to a defective product and you can prove the manufacturer recklessly disregarded safety, you may receive product liability punitive damages up to double your other damages.
How Long Do I Have To File a Wrongful Death Lawsuit in Connecticut?
The Connecticut wrongful death statute of limitations is generally two years from the date of death. If you did not immediately discover what caused your loved one’s death, a judge may grant you more time. However, you cannot file a claim more than five years after the initial act or omission you claim caused your loved one to die.
Two years may seem like a long time, but evidence fades, and building a successful claim takes time. Do not wait to contact an experienced wrongful death attorney at KJSR and risk losing your right to compensation.
Examples of Wrongful Death Situations in Connecticut
Almost any type of accident that involves negligence, recklessness, or intentional acts can lead to a wrongful death claim. Underlying causes of wrongful death that lead to lawsuits include:
- Bicycle accidents
- Boating accidents
- Bus accidents
- Car accidents
- Construction accidents
- Drunk drivers
- Medical malpractice and surgical errors
- Motorcycle accidents
- Pedestrians hit by cars
- Traumatic brain injuries
- Truck accidents
- Workplace accidents
Losing a loved one, especially due to someone else’s actions, can be a traumatic experience. Our wrongful death lawyers in Connecticut are here to assist you in fighting for justice and compensation. Our firm is known throughout the state for providing compassionate, personalized advocacy and securing significant settlements and verdicts.
$1.00M
Wrongful death as a result of a fall at a Nursing Home
Wrongful Death
$8.75M
Wrongful death as a result of Workplace Accident
Workplace Injuries
$1M
Wrongful Death Settlement Arising Out of a Motor Vehicle Accident
Wrongful Death
$1.2M
Settlement for wrongful death.
Medical Malpractice
$1.65M
Failure to diagnose melanoma – Medical malpractice wrongful death case.
Medical Malpractice
$8.5M
Wrongful Death as a Result of Workplace Accident
Wrongful Death
Kennedy, Johnson, Schwab & Roberge, P.C., Your Connecticut Wrongful Death Lawyer, Is Here to Help
If your loved one died due to someone else’s actions, reach out to our respected personal injury lawyers to answer your questions and advocate on your behalf. We understand that trust doesn’t come easily during difficult times, but there are several reasons to choose us to fight for justice and fair damages.
We are dedicated to providing clients with compassionate legal representation that emphasizes professionalism, integrity, and a commitment to justice. We’ve been providing personalized advocacy for Connecticut accident victims for over 35 years, with a record of securing fair settlements that accurately reflect our clients’ true damages.
We have wrongful death lawyers in New Haven, Norwalk, West Hartford, and throughout Connecticut. Don’t wait—speak to a personal injury attorney today by calling 203-865-8430 or completing our contact form.
