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When someone in Connecticut causes another person’s death, the decedent’s estate can file a wrongful death lawsuit against the at-fault party. Only the executor (administrator or personal representative of the estate) can initiate the claim. Any compensation from the lawsuit passes to the deceased’s estate. It then goes to heirs through the probate process.
If your loved one’s death resulted from someone else’s actions, contact Jainchill & Beckert, LLC, for a free consultation with an experienced wrongful death attorney. We’ll help you understand who can file a wrongful death lawsuit in Connecticut and the compensation you may seek to recover.
What Situations Can Result in a Wrongful Death?
In Connecticut, a wrongful death is a death caused by another party’s negligent or intentional actions that would have resulted in the victim being able to file a personal injury lawsuit if they had survived their injuries. Some of the most common causes of wrongful deaths in Connecticut are:
- Motor vehicle accidents – Accidents involving cars, trucks, motorcycles, buses, and pedestrians frequently result in significant and fatal injuries, including internal organ damage and traumatic brain injuries.
- Premises liability accidents – Property owners may be liable for fatal injuries caused by hazardous conditions on their premises, including wet floors that result in slip-and-fall accidents or swimming pools that aren’t fenced, leading to drownings.
- Medical malpractice – While we expect medical professionals to provide our loved ones with adequate care and not cause them harm, medical errors are one of the leading causes of death. Doctors, nurses, anesthesiologists, and hospitals may be liable for their actions or inactions that resulted in your loved one’s death.
Who Can Be the Executor or Administrator of a Deceased Person’s Estate?
Anyone 18 and older who is mentally competent can be the executor of a deceased person’s estate. Typically, the executor is a family member, close friend, or attorney designated in the deceased person’s will.
If the deceased person does not have a will at the time of death, the court may appoint an administrator to administer the estate through probate. This administrator has the same rights and legal duties as a designated executor, including the ability to file a wrongful death lawsuit.
What Evidence Must You Offer in a Wrongful Death Claim in CT?
The evidence you must present in a wrongful death claim depends on how the accident that caused the death occurred. For example, if the death happened due to a motor vehicle collision, traffic camera footage can be robust evidence. If the death occurred due to medical malpractice, an expert witness in the medical field may be required to support the claim. Other common types of evidence include:
- Accident scene photographs
- Security camera footage
- Eyewitness statements
- Medical records
- Wage statements.
What Wrongful Death Damages Can You Recover Under Connecticut Law?
The compensation you can recover in a wrongful death lawsuit under the Connecticut wrongful death statute may include the following:
- Lost income your loved one would have earned for your family
- Medical expenses your loved one incurred before their death
- Loss of your loved one’s enjoyment of life due to their death
- Pain and suffering your loved one experienced leading up to their death
- Funeral expenses and burial costs.
An experienced personal injury attorney at Jainchill & Beckert, LLC, can assist you by calculating the value of your wrongful death lawsuit to ensure you seek fair compensation. Your lawyer can do this by:
- Adding your loved one’s medical expenses
- Estimating their future income based on past wages and their age
- Calculating a value for their intangible losses, like pain and suffering, and their loss of enjoyment of life.
In addition to the damages recovered through a wrongful death lawsuit, surviving spouses can also seek compensation for loss of consortium through a separate lawsuit filed against the at-fault party. Loss of consortium refers to the impact of your spouse’s death on your marital relationship.
Who Can Recover Compensation in a Wrongful Death Lawsuit?
In some states, the compensation in a wrongful death lawsuit is for the exclusive benefit of specific surviving family members, including the deceased’s spouse and children. However, Connecticut law is different.
In Connecticut, the compensation in a wrongful death claim goes to the estate. The law treats the claim’s proceeds as any other asset owned by the deceased. It passes to the deceased’s heirs and beneficiaries pursuant to the deceased’s will. If there is no will, the estate gets distributed in accordance with the state’s intestacy laws.
These laws establish who is eligible to recover assets through probate and the percentage of those assets they may receive. Generally, the surviving spouse is entitled to more compensation than other family members.
Does Connecticut Have a Time Limit to File a Wrongful Death Lawsuit?
Connecticut’s statute of limitations for wrongful death cases limits the time the executor has to take legal action. They must file a lawsuit against the party responsible for the death within two years from the date of the death.
Contact a Connecticut Wrongful Death Lawyer
At Jainchill & Beckert, LLC, we serve the entire state of Connecticut from our offices in Glastonbury and in the historic, colonial-era “John Root House” on Main Street in Plainville. Our wrongful death lawyers have over 55 years of combined legal experience and a reputation for providing effective, personalized representation based on time-tested approaches that have secured favorable results for many clients.
Our hard-working attorneys and staff provide trusted legal representation for a wide range of legal issues our clients and their families face, including personal injury and wrongful death.
Contact us today to get started on your wrongful death lawsuit with a free consultation with an experienced member of our legal team. We’ll walk you through your options for seeking justice and financial compensation, and we will answer any questions you have about your case in particular.
