How Long Do I Have To File a Wrongful Death Claim in Connecticut?
You generally have two years from the date of death to file a wrongful death claim in Connecticut. In limited cases, the state allows lawsuits after two years, but no later than five years from the date of the incident that led to death. If you fail to file by the deadline, you lose your right to seek compensation.
What Is Considered Wrongful Death?
A wrongful death occurs when someone’s actions cause another person’s death—and that person could have filed a personal injury claim had they survived. You generally must prove that the defendant was negligent in causing death, though there are exceptions. In some cases, multiple parties may share liability. For example, a trucking company may be held liable for a fatal crash caused by a driver, even if the company itself wasn’t directly negligent in hiring or training.
A wrongful death could result from many different types of personal injury accidents, including:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Construction accidents
- Slip and falls
- Defective products
- Medical malpractice
- Pedestrians accidents
- Workplace accidents
- Traumatic brain injuries
- Bicycle accidents
- Boating accidents
- Drunk driver collisions
In Connecticut, the estate of the deceased may file a wrongful death lawsuit to seek compensation for the harm the decedent suffered. Our personal injury law firm offers effective and aggressive representation in wrongful death claims from convenient office locations in New Haven, Norwalk, and West Hartford.
What Is the Wrongful Death Statute of Limitations in Connecticut?
The two-year statute of limitations is codified in Conn. Gen. Stat. § 52-555, the Connecticut wrongful death statute. This law also includes a statute of repose that provides an end date for actions regardless of when you discovered you had a claim. You cannot file a wrongful death claim more than five years after the incident that led to the death.
For example, if your loved one died due to a medical error that occurred in 2020 but the death was not clearly linked to that error until 2023, you may still be eligible to file, as long as the act of negligence happened within five years of filing your claim.
Why Do Statutes of Limitations Exist?
Statutes of limitations exist to protect the integrity of the legal process and prevent the passage of time from interfering with people’s ability to defend themselves. As time passes, critical evidence may disappear, and witness memories can fade. The later it gets from the date of an incident, the more challenging it becomes for defendants to secure evidence, find witnesses with clear memories, or recollect the incident themselves.
What if I Missed the Filing Deadline for a Wrongful Death Claim?
Even if you think you may have missed the filing deadline, it’s still worth it to contact an attorney to review your case. An experienced wrongful death lawyer is best equipped to determine when the statute of limitations began running in your specific circumstances.
What Compensation Can I Claim From Filing a Wrongful Death Claim?
Connecticut law allows estate representatives to seek compensation for the harm suffered by the decedent before their death. This includes both economic and non-economic damages that reflect the financial and emotional toll of the loss.
Damages on behalf of the deceased that go to the estate for distribution include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Loss of earning capacity, including wages the deceased would have earned
- Pain and suffering the decedent experienced before death
Certain surviving family members—such as spouses and children—can separately pursue damages that go to them rather than the estate. They must attach their claims to the wrongful death lawsuit. Damages that spouses and children can seek include:
- Loss of spousal consortium, including affection, moral support, companionship, and society
- Loss of parental consortium, including parental services, care, companionship, love, and guidance
Who Can File a Wrongful Death Claim in New Haven, CT?
In Connecticut, only an executor named in a will or a court-approved administrator can file a wrongful death claim. Any compensation recovered through the wrongful death lawsuit goes to the estate. From there, damages are distributed to eligible beneficiaries according to state probate laws. Parties that generally receive wrongful death damages include:
- The surviving spouse: Spouses recover first, even if the decedent didn’t name them in a will.
- The surviving children: This includes adopted children and children from a previous marriage.
- The surviving parents: Parents can collect damages for the wrongful death of minor children and, in some cases, for the deaths of adult children.
- The deceased’s estate: Representatives must pay some outstanding debts before distributing damages.
Why Should I Hire a Lawyer for My Wrongful Death Case?
It can be challenging to prove liability in a wrongful death claim, especially when the victim was unable to give their version of events before dying. There may be multiple potentially liable parties, conflicting evidence, or issues in calculating damages.
Hiring a skilled wrongful death attorney can help you:
- Evaluate your case
- Determine the filing deadline
- Collect and analyze evidence
- Identify potentially liable parties
- Calculate damages
- Pursue fair compensation in settlement negotiations or court
Most importantly, an experienced lawyer can take the legal burden off your shoulders, giving you space to grieve and focus on your family. At Kennedy, Johnson, Schwab & Roberge, P.C., we are committed to helping you seek accountability and justice for your loss.
How Much Does It Cost To Hire a Wrongful Death Lawyer in Connecticut?
At Kennedy, Johnson, Schwab & Roberge, P.C., we believe financial concerns should never prevent a family from seeking justice. We offer free case evaluations to explore your options. If we partner on your claim, we work on a contingency basis, so there are no upfront costs for you. We pay to investigate your case and seek compensation, and you only pay us if you win.
Why Choose KJSR for Your Wrongful Death Lawsuit?
Our contingency fee arrangement is just one of the reasons to choose us to handle your wrongful death claim. For more than 35 years, our firm has been representing accident victims across Connecticut, combining legal skill with compassionate, client-focused service in every case we handle.
We consistently receive the highest marks available in Martindale-Hubbell’s peer ratings system for ethical standards and high professional ability, and many of our cases are referred to us by past clients or other attorneys who respect our work.
We help families fight back against powerful hospitals, insurance carriers, and corporate defendants, and we have a strong reputation for securing significant financial recoveries for our clients. Our commitment is simple: to pursue accountability and fair compensation while supporting you every step of the way.
Millions Recovered for the Families of Connecticut Wrongful Death Victims
People who lose their loved ones due to someone else’s negligence deserve compensation. Some of our notable case results include:
- $12.5 million recovered for the wrongful death of a patient in a medical malpractice case against Stamford Hospital.
- $5.5 million recovered for the wrongful death of a 69-year-old man with mesenteric ischemia.
- $4 million recovered in a medical malpractice wrongful death claim.
- $2.7 million recovered after an emergency dispatcher failed to follow applicable protocols, resulting in a death.
- $2.5 million recovered for the family of a man who died from a heart attack weeks after two doctors separately misdiagnosed his heart condition.
Kennedy, Johnson, Schwab & Roberge, P.C.—Your Connecticut Wrongful Death Lawyer
When your family faces the emotional and financial burden of an unexpected loss, you need a legal team that offers strength and compassion. At Kennedy, Johnson, Schwab & Roberge, P.C., we are committed to seeking justice for Connecticut families affected by wrongful death. Our attorneys take a team-based approach, meticulously preparing each case to fit the unique needs of our clients, and constantly fighting to put them in the best position possible when pursuing compensation.
Need help with a wrongful death claim? Call 203-865-8430 or complete our online contact form to schedule a free consultation.