Wrongful Death Laws in Connecticut
When a person’s life is cut short due to someone else’s carelessness, recklessness, or misconduct, Connecticut law provides a legal path for justice through a wrongful death claim. These claims allow the deceased’s estate to seek financial recovery for the loss and hold the responsible party accountable. While no legal outcome can replace a loved one, pursuing a wrongful death case can offer relief and a sense of closure.
Who Can File a Wrongful Death Claim in Connecticut?
In Connecticut, only the executor or administrator of the deceased person’s estate can file a wrongful death lawsuit. If the deceased had a will, that person is named as the executor. If there is no will, the court will appoint someone to serve in that role.
Although the executor files the lawsuit, any compensation recovered benefits the surviving spouse, children, or next of kin, based on the circumstances and legal heirs.
What Qualifies as Wrongful Death in Connecticut?
A wrongful death occurs when someone dies as a result of another party’s negligence, recklessness, or intentional harm. Common causes of wrongful death include:
- Motor vehicle accidents
- Medical malpractice
- Dangerous property conditions
- Defective products
- Criminal activity
If the deceased would have had the right to file a personal injury claim had they survived, the estate can file a wrongful death claim on their behalf.
What Damages Can Be Recovered?
Connecticut law allows the estate to recover both economic and non-economic damages, which may include:
- Medical expenses from the final injury or illness
- Funeral and burial costs
- Loss of the deceased’s earning capacity
- Conscious pain and suffering prior to death
- Loss of enjoyment of life
In some cases, punitive damages may also be awarded if the defendant acted with deliberate indifference or malicious intent.
Connecticut’s Statute of Limitations
Wrongful death lawsuits in Connecticut must be filed within two years from the date of death. Additionally, the law states that no claim may be brought more than five years after the act or omission that caused the death, regardless of when the death occurred.
It’s important to act quickly to ensure your case can move forward and critical evidence is preserved.
Wrongful Death After a Car Accident
Fatal car crashes are a leading cause of wrongful death claims in Connecticut. Whether the crash involved distracted driving, speeding, drunk driving, or a reckless truck driver, the estate can file a wrongful death lawsuit against the responsible party or their insurer.
Even if the driver faces criminal charges, the wrongful death claim is handled separately in civil court.
What About Workplace Accidents?
If a loved one died due to a job-related injury, the family may be entitled to workers’ compensation death benefits. In some cases, a wrongful death lawsuit can also be filed—especially if a third party (not the employer) contributed to the accident.
Frequently Asked Questions About Wrongful Death in Connecticut
Can adult children recover compensation?
Yes. If the deceased had no surviving spouse, adult children or other legal heirs may be eligible to receive a portion of any damages recovered through the estate.
Can more than one person file a lawsuit?
No. Only the estate’s executor or administrator can file the wrongful death lawsuit, but multiple family members may receive compensation once a settlement or verdict is awarded.
Are wrongful death damages taxable?
Generally, compensatory damages from a wrongful death claim are not taxable. However, punitive damages may be subject to taxes depending on how they’re classified.
What happens if there’s no will?
If there is no will, the probate court will appoint an administrator to represent the estate. This person will have the legal authority to file a wrongful death claim.
Speak With a Wrongful Death Attorney in Connecticut
If someone’s carelessness or wrongdoing caused the death of your loved one, don’t try to handle the situation alone. A Connecticut wrongful death lawyer can help you file the proper claims, protect your rights, and fight for the justice and compensation your family deserves. Time matters, and taking the first step today can protect your future.