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If you’ve recently lost a loved one in an accident, you may consider filing a wrongful death claim. It’s important to know how to file a wrongful death claim in Connecticut because it follows a specific process. Seemingly small errors could risk losing your opportunity to recover compensation.
For this reason, it can be beneficial to seek the support of an experienced Connecticut wrongful death attorney at Jainchill & Beckert, LLC, who can ensure you file the necessary documentation properly and on time.
Who Can File a Wrongful Death Claim in Connecticut?
Under state law, only the executor or administrator of the deceased person’s estate can file a Connecticut wrongful death claim. If the person had a valid will when they died, it typically names an executor. If they didn’t have a valid will, the court will appoint someone to serve in that role.
While surviving family members may receive compensation from a successful wrongful death claim, they cannot file the lawsuit directly unless they are also the estate’s designated representative.
What Do You Have to Prove in a CT Wrongful Death Suit?
To succeed in a Connecticut wrongful death claim, the estate must prove that the death resulted from another party’s wrongful act or failure to act. It involves showing that the defendant had a legal duty to the deceased, breached that duty through their action or inaction, and directly caused the fatal injury. You must support the claim with persuasive evidence. In essence, the case must meet the same standards as a personal injury lawsuit. The only difference is that the injured person is no longer alive to bring the claim themselves.
What Is the Process for Filing a Connecticut Wrongful Death Claim?
You must complete a series of legal steps to file a wrongful death claim in Connecticut. The wrongful death legal process can seem overwhelming during an already difficult time. Understanding what to expect from each stage and working with a skilled wrongful death lawyer can help you make informed decisions.
The process generally goes as follows:
- Appointing a legal representative – Before anyone can initiate a claim, the court must appoint an executor or administrator of the deceased’s estate. If the person died with a will, the named executor typically fills this role. Without a will, the probate court assigns an administrator.
- Hiring an attorney – A Connecticut wrongful death attorney can help manage legal deadlines, file the appropriate documents, and communicate with insurers and defense attorneys. Their involvement can help prevent procedural errors that might delay or jeopardize the case.
- Gathering evidence – Evidence may include police reports, medical records, photos, surveillance footage, and witness statements. Establishing liability and damages requires strong documentation, especially when you have to prove the other party’s negligence or misconduct.
- Filing the claim – The attorney files a wrongful death complaint in civil court, naming the responsible party or parties. This document outlines the facts of the case, the legal basis for the claim, and the compensation being sought.
- Serving the defendant – Once you’ve filed the claim, you must notify the defendant of the lawsuit. This step, called service of process, gives the defendant a chance to respond.
- Exchanging discovery – Both sides exchange evidence and question witnesses through depositions, interrogatories, and document requests. This phase can take several months or more.
- Negotiation and settlement – Many cases resolve through settlement discussions. If the parties reach an agreement, the case ends without a trial.
- Trial – If the parties don’t reach a settlement, the case goes to trial, where both sides present arguments and evidence before a judge or jury.
- Award and distribution of damages – If a wrongful death lawsuit is successful, the court awards damages (compensation), which the court will then distribute in accordance with Connecticut law.
How Long Do You Have to File a Wrongful Death Claim in Connecticut?
As the executor of your loved one’s estate, Connecticut’s statute of limitations gives you two years from the date of death and five years from the date of the act or omission that caused the death to file a wrongful death lawsuit.
Missing these deadlines can permanently bar the estate’s claim, regardless of its merits. So, you should act promptly so your attorney has time to investigate, prepare, and file the claim within the legal time limits.
What Damages Can You Recover in a CT Wrongful Death Lawsuit?
Connecticut law allows the estate to seek compensation for losses resulting from the death, including losses suffered by the deceased person and by certain surviving family members.
The specific amount of compensation awarded in a Connecticut wrongful death claim depends on the facts and evidence of each case. However, it may include the following:
- Medical expenses related to your loved one’s final injury or illness
- Funeral and burial costs
- Lost earning capacity over your loved one’s expected lifetime
- Conscious pain and suffering your loved one experienced before death
- Loss of consortium and your relationship with your loved one.
How Are the Proceeds of a Connecticut Wrongful Death Lawsuit Distributed?
Proceeds from a wrongful death lawsuit are awarded to the estate, which then passes them on to the beneficiaries according to the decedent’s will or, if there’s no will, under Connecticut’s intestacy laws. The court may also approve a proposed distribution. If multiple heirs are involved, an agreement or probate ruling determines how the funds are divided.
Contact a Connecticut Wrongful Death Lawyer
If you recently lost someone you loved in an accident caused by someone else’s wrongful conduct, you may be entitled to compensation for your losses through a wrongful death claim. You will need a skilled Connecticut wrongful death attorney to guide you through the process and safeguard your rights.
At Jainchill & Beckert, LLC, we have more than 55 years of combined legal experience and a reputation for providing highly effective, highly personalized representation to clients facing some of the most challenging periods of their lives. We’re proud to serve clients statewide from our offices in Plainville and Glastonbury. Contact us today to get started with your free consultation.
