Understanding A Wrongful Death Lawsuit After a Fatal Car Accident
The sudden loss of a loved one in a car accident can leave you feeling lost and alone. Your family may be dealing with unimaginable grief and overwhelming financial hardships. When someone else’s negligence is the cause, a wrongful death lawsuit can help your family obtain justice and compensation to alleviate the financial strain and provide a measure of justice and closure. At KJSR, we are here to help you navigate the legal process with compassion and understanding.
What Is a Wrongful Death Car Accident Lawsuit?
A wrongful death claim is brought through the decedent’s estate against the person or entity whose negligence caused the death. In Connecticut, a wrongful death lawsuit allows surviving family members to pursue damages for funeral expenses, lost income, emotional distress, and other losses the family suffers because of the death.
Who Can File a Wrongful Death Claim After a Fatal Car Crash?
The only party authorized to file a Connecticut wrongful death lawsuit is the executor or administrator of the estate. If there is no estate, a probate judge can open an estate and appoint an executor or administrator. If you are unsure of who can file a wrongful death lawsuit on behalf of your family, our experienced wrongful death lawyers at KJSR can determine whether there is a qualified estate representative or help you petition the court to appoint one.
Who Receives the Damages Won in a Wrongful Death Lawsuit?
Wrongful death lawsuit damages in Connecticut are awarded to the estate and must be applied to valid estate obligations before being distributed to the family. The court must distribute the remaining assets in the estate, including the remaining wrongful death damages, according to the will.
Distribution typically prioritizes the surviving spouse and children; if none, then parents, siblings, and other next of kin, as the statute provides. A spouse’s loss-of-consortium claim, when asserted, is a separate claim and is not part of the estate’s recovery.
If you’re unsure how a recovery would be allocated in your family’s situation, our attorneys can review your specific facts and explain your options.
Steps Families Can Take After A Fatal Car Accident To Bring a Wrongful Death Lawsuit
Wrongful death claims involving car accidents require a detailed legal process that includes gathering evidence about the accident, documenting your family’s financial losses, negotiating a settlement, and filing a lawsuit in the appropriate court. You must follow the steps below to recover compensation and get justice for your loved one through the legal system.
Gather Information and Evidence
You will need hard evidence to prove how the accident occurred, who is responsible, how it caused your loved one’s death, and what the death cost your family. Such evidence will usually include the following:
- The police report
- Photos or videos of the scene
- A forensic report by an accident reconstructionist
- Eyewitness testimony
- Live footage of the accident, if caught on camera
- Medical records connecting the accident to the death
- An autopsy report
- The death certificate
- Pay stubs, tax returns, and other records showing your loved one’s income
- Testimony from family members affected by the loss
- Funeral and burial expense invoices and receipts
When To Hire an Experienced Wrongful Death Attorney for a Fatal Car Accident
After a fatal car accident in Connecticut, hire an experienced wrongful death attorney immediately. Crucial evidence can disappear quickly, and insurance companies will try to minimize your payout.
Our experienced attorneys will investigate the accident, protect your rights, and deal with the insurance company so you can grieve and heal. Having a knowledgeable attorney on your side from the beginning allows you to build the strongest case possible and maximize your compensation.
When to File A Wrongful Death Lawsuit
You must file your wrongful death lawsuit before the statute of limitations expires. In Connecticut, the statute of limitations for most fatal car accident lawsuits is two years after the death and no later than five years after the accident, whichever occurs first.
If you are concerned that you may have missed the deadline, contact our dedicated Connecticut car accident lawyers immediately for a free consultation, so we can determine whether any exceptions apply.
What Are Some Legal Factors Family Members Should Be Aware of When Pursuing A Wrongful Death Claim In a Fatal Car Crash?
When you pursue wrongful death damages for a fatal car accident, you will go up against one or more insurance companies determined to pay as little as possible. You will have the burden of proving the other driver was at fault and overcoming the insurance company’s defense strategies.
How Do You Prove Liability in a Fatal Car Accident Lawsuit?
To prove another driver is liable for the wrongful death of your loved one, you must prove that the driver failed to exercise reasonable care and that the driver’s carelessness caused the accident and your loved one’s death. You may be able to hold the driver liable if you can prove the driver engaged in any of the following conduct:
- Speeding
- Failing to adjust to road or weather conditions
- Failing to yield
- Distracted driving
- Drowsy driving
- Drunk driving
- Running red lights or stop signs
- Aggressive driving
- Street racing
- Changing lanes or merging improperly
- Passing improperly
What Are The Most Common Defenses That May Arise in A Fatal Car Crash Wrongful Death Case?
Insurance companies will resort to nearly any tactic to evade liability and minimize compensation, regardless of how insensitive. Their defenses can include any of the following:
- Claiming the accident was unavoidable due to an unforeseeable emergency
- Saying the deceased was more than 51 percent responsible for the accident, which would bar the family from recovering damages
- Disputing or downplaying the at-fault driver’s negligence
- Minimizing the emotional impact of the death
- Claiming the death was caused by a pre-existing condition
- Introducing past traffic violations or other personal information that could prejudice a jury
- Claiming the driver’s insurance coverage limit is lower than it is
Insurance companies often employ these tactics to take advantage of unrepresented families, but an experienced Connecticut wrongful death attorney can overcome them and help you recover the compensation you deserve.
What Compensation is Available for Wrongful Death Car Accident Cases?
The compensation available for the surviving family members of someone killed in a Connecticut car accident varies based on the unique circumstances of each case.
How Do You Calculate Compensation for Wrongful Death in a Car Accident Case?
Wrongful death compensation is meant to compensate families for their economic and non-economic losses. Calculating wrongful death compensation requires consideration of the victim’s age, earning potential, and contributions to the family.
Economic Damages
Economic damages are compensation for the family’s monetary losses related to the death, and can include the following:
- Funeral and burial expenses
- Medical expenses
- Loss of earning capacity
- Property damage
Non-Economic Damages
Non-economic damages are compensation for intangible losses that cannot be measured in dollars, such as the following:
- Pain and suffering of the deceased
- Loss of enjoyment of life
A spouse’s loss of consortium and a child’s loss of parental consortium (where applicable) are separate claims that may be pursued alongside the estate’s wrongful death claim.
Do Punitive Damages Apply to a Wrongful Death Fatal Car Crash Case?
Punitive damages are available in rare fatal car accident cases when the at-fault driver caused the death by deliberately or recklessly driving in a manner that violated the rights and safety of others.
In certain motor-vehicle cases, Connecticut law (§14-295) allows double or treble damages when a listed statute is violated with deliberate or reckless disregard, and that violation causes the crash. We evaluate whether to plead this remedy based on your facts.
How Insurance Companies Influence Wrongful Death Car Accident Claims
Insurance companies are usually responsible for paying wrongful death car accident claims on behalf of the at-fault driver, so they play a central role in lawsuits. They often take advantage of the family’s emotional state and lack of experience in their quest to minimize compensation. A knowledgeable Connecticut car accident lawyer can level the playing field and ensure the insurance company treats you fairly.
How Do Insurance Companies Handle Fatal Car Accident Claims?
Insurance companies employ adjusters and train them to build a rapport with grieving families and gain their trust, hoping family members will let their guard down and agree to a lowball settlement. Their goal is to limit payout—not to protect your interests.
Why You Need Legal Guidance When Dealing with Insurance Companies
Insurance companies have virtually unlimited financial resources, extensive experience handling car accident claims, and the benefit of not having an emotional connection to the car accident, giving them the upper hand when going up against unrepresented individuals. A well-versed fatal car accident attorney can anticipate an insurance company’s defense strategy, overcome the company’s tactics, protect your family’s interests, and ensure you receive fair compensation.
Why You Need an Experienced Fatal Car Accident Lawyer for Your Lawsuit
When your loved one has been killed in a car accident, an experienced fatal car crash lawyer can navigate the complex legal process and access resources to investigate your loved one’s accident, consult with expert witnesses, and build a strong case.
Why Are Wrongful Death Lawsuits Often So Complex After a Fatal Car Accident?
Fatal car accident lawsuits require families to work with investigators, the at-fault driver, law enforcement, the coroner, doctors, and insurance companies during a period of profound grief. Insurance companies add to the difficulty by refusing to accept responsibility. A skilled fatal car accident lawyer can help by handling your legal details for you, including the following:
- Communications with the insurance company
- The car accident investigation
- Evidence collection
- Your demand letter
- The filing of your lawsuit
- Settlement negotiations
- Case discovery and depositions
- Representation in court if your case goes to trial
How Hiring a Fatal Car Accident Lawyer Can Help You Maximize Your Compensation in a Wrongful Death Lawsuit
When you choose KJSR, you are choosing an ally with a proven history of navigating legal complexities and securing outstanding case results.
$2M
Motor vehicle accident wrongful death claim- Wife brought action for 38 year old husband and father killed as a result of a head on collision with an 82 year old defendant driver.
Motor Vehicle Accidents
$1.8M
Improper Turn Out of Driveway Resulting in Death
Motor Vehicle Accidents
$1M
Motor vehicle accident resulting in death.
Motor Vehicle Accidents
Why Hiring a Wrongful Death Lawyer from Kennedy, Johnson, Schwab & Roberge, P.C. Is Essential
Our firm is dedicated to providing compassionate legal representation that emphasizes integrity, professionalism, and a commitment to justice. Our personalized approach and effective representation are why clients choose KJSR and come back to us again and again.
Since 1988, we’ve combined compassionate client service with rigorous case work. Recognized among the 2025 Best Law Firms in New Haven, we bring 35+ years of experience to every case. We have received thousands of client testimonials for our caring support, professionalism, and effective advocacy.
Several of our attorneys have also been recognized as among the Best Lawyers in America for personal injury litigation, including:
- John Kennedy Jr.
- Stephanie Roberge
- Robert Schwab
- Louis Annecchino
- Michael Kennedy
- Patrick Kennedy
John Kennedy Jr. is also designated as Best Lawyers’ 2025 Lawyer of the Year in New Haven.
Seeking Justice for Families After A Fatal Car Crash With Our Experienced Wrongful Death Attorneys
If you need to file a wrongful death lawsuit after a fatal car accident, our attorneys can help you through the entire process from our offices in New Haven, Norwalk, and West Hartford. We charge no fees unless we win. Protect your legal rights and contact our lawyers online today, or call 203-865-8430 for a free consultation.
FAQS About Wrongful Death Lawsuits and Fatal Car Crashes
What's the Time Limit To File a Wrongful Death Lawsuit After a Car Accident?
The time limit for filing a wrongful death claim in Connecticut is generally two years after the death, but no later than five years after the accident. However, the most important evidence, such as forensic data and traffic camera footage, may only be available for a short time, so it is important to contact an attorney as soon as possible.
Who Can Sue for Wrongful Death?
The executor or administrator of the estate must file the lawsuit on behalf of the estate. The damages will be awarded to the estate and distributed according to the will or the laws of intestacy if there is no will.
How Much Does It Cost To Hire a Wrongful Death Attorney for My Loved One’s Fatal Car Accident?
There is no upfront fee to hire a wrongful death attorney at KJSR. We work on a contingency fee arrangement, which means we charge no fees unless we successfully recover compensation for your family.
What Evidence Is Needed To Win a Wrongful Death Lawsuit Car Crash?
To prevail in a wrongful death car accident lawsuit, you will need the following evidence to prove the defendant was negligent and that the negligence directly caused the death:
- Police report
- Witness statements
- Traffic camera footage
- Photographs of the scene
- Expert witness testimony from an accident reconstructionist
- Black box data from all involved vehicles
- Medical records from the time of the accident until death
- Medical expert testimony connecting the accident to the death
- Paystubs, tax returns, and documentation showing your loved one’s income before the accident
- Testimony from family members about their relationships with the deceased
- Receipts and invoices detailing funeral and burial expenses
What Is the Average Wrongful Death Car Accident Settlement?
There is no meaningful ‘average’; values vary widely based on facts and proof. See our case results and ask us for a tailored assessment.