Connecticut Wrongful Death Lawyer

Who brings a wrongful death claim in Connecticut?

The executor or administrator of the estate. Family members do not file in their own names; instead, the estate's representative brings the case, and any recovery passes through the estate.

If the person who died left a will, the executor named in it usually serves. If not, the Probate Court appoints an administrator, often a spouse or adult child. Opening the estate is therefore one of the first practical steps. The money recovered is generally distributed according to the will or, without a will, under Connecticut's inheritance rules, after certain expenses are paid.

How long does a Connecticut family have to file?

Generally two years from the date of death. There is also an outer limit of five years from the act or omission that caused the death, regardless of when death occurred.

That outer limit matters in cases involving a long decline. Consider a patient whose cancer diagnosis was missed in one year but who passed away four years later. The family must still file within five years of the original missed diagnosis, even if the death was more recent. Medical malpractice deaths also require the good faith certificate and similar provider opinion that apply to injury cases. See our Connecticut medical malpractice page for those rules.

Is there a separate survival action in Connecticut?

Connecticut's wrongful death statute brings most losses into a single claim by the estate. Rather than splitting the case into a family claim and an estate claim, the statute allows recovery for both the harm to the person and the losses flowing from the death.

That single claim can include:

• Medical and hospital expenses before death.
• Funeral and burial costs.
• The person's conscious pain and suffering before death.
• Lost earning capacity over a normal working life, reduced by personal living expenses.
• The destruction of the person's ability to enjoy life's activities.

The last category is distinctive. It measures the loss of life's activities from the point of view of the person who died, such as time with family and hobbies. A spouse may also bring a separate loss of consortium claim, which depends on the estate's case.

Proving these losses takes more than bills and pay stubs. Family members, friends and coworkers describe who the person was and how they spent their days. Photos, videos and letters help a jury understand what was lost. Economists project lifetime earnings, and the defense will often challenge those figures, so careful documentation of work history, raises and career plans makes a real difference.

How does fault affect a Connecticut wrongful death recovery?

The person who died is treated as the injured party, so their fault reduces the recovery and bars it entirely if it exceeds the defendants' combined fault.

Imagine a driver killed in a Waterbury intersection crash after entering on a stale yellow light, while the other driver was speeding. A jury values the estate's losses at $2,000,000.

• Decedent 30% at fault: recovery of $1,400,000.
• Decedent 50% at fault: recovery of $1,000,000.
• Decedent 51% at fault: recovery of zero.

Crash reconstruction and vehicle data are often needed to keep the decedent's share low. Our Connecticut car accident page explains the insurance policies that often pay these claims.

How does a criminal case affect the civil wrongful death claim?

They run independently. Prosecutors bring the criminal case to punish the offender; the estate brings the civil case to compensate for the loss.

A guilty plea or conviction can support the civil claim, but the civil case can succeed without one because it uses a lower standard of proof. The civil deadlines keep running during criminal proceedings, so families should not wait for a verdict. When a death involved a drunk or reckless driver, Connecticut may allow increased damages in the civil case, and a dram shop claim may exist against the seller with strict notice requirements.

What should a Connecticut family do first?

Take care of immediate needs, then take a few steps that protect the claim.

1. Contact the Probate Court about opening an estate.
2. Get certified copies of the death certificate.
3. Keep medical bills, funeral receipts and pay records.
4. Avoid recorded statements to insurers before getting advice.
5. Contact our team for a free, confidential case review. Our wrongful death practice and Connecticut injury overview have more information.