How Long Do You Have to File a Wrongful Death Lawsuit in Connecticut?

When a loved one dies because someone else was negligent — for example, in a car crash, a truck accident, or a motorcycle accident — your family may be entitled to compensation. Connecticut law allows the estate of the deceased person to file a wrongful death claim against the person or people responsible for the death.

To protect your rights and secure the compensation you and your family deserve, you must file your wrongful death lawsuit within the time required by law. If you miss the filing deadline, your case could be dismissed as being untimely filed or “time-barred.”

In Connecticut, most claims for wrongful death must be filed within two years from the date the person died. Additionally, no claim for wrongful death can be filed more than five years from the date of the act that caused the person’s death.

Contact our law firm today to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.

What Is Wrongful Death?

Wrongful death occurs when a person is killed because someone else was negligent. A wrongful death claim is filed by the personal representative of the deceased person in the name of the deceased person’s estate. Like all civil lawsuits, there is a deadline by which the wrongful death claim must be filed in court.

What Is a Statute of Limitation?

The “statute of limitations” refers to the amount of time a person has in which to file a legal claim in court. Different statutes of limitation apply to different types of legal claims.

Once the filing deadline has passed, you can no longer file your legal claim in court. If you attempt to file a lawsuit after the statute of limitations has passed, the claim will almost surely be dismissed as being untimely filed.

Why Do Statutes of Limitation Exist?

Statutes of limitation are intended to promote fairness in the legal system. They motivate people to pursue legal claims promptly by limiting the time they have to file a lawsuit. If someone waits too long to file a lawsuit, memories may fade, and important evidence could be lost or destroyed. From a policy standpoint, a statute of limitations allows potential defendants to move on without fear of being sued for a dispute that occurred years ago.

What Is the Statute of Limitations for Wrongful Death in Connecticut?

The statute of limitations for wrongful death claims in Connecticut is two years from the date the person died. This means if you do not file a claim for wrongful death within two years, you lose the right to seek compensation for the loss of your loved one.

Are There Exceptions to the Two-Year Statute of Limitations for a Wrongful Death Lawsuit?

There are some exceptions to the two-year statute of limitations. For example, when an act of negligence is not immediately known or does not immediately cause a person’s death, the statute of limitations expires two years from the date the deceased person’s family learned of or reasonably should have learned of the negligence or wrongful act. In addition, the Connecticut wrongful death statute requires that all claims for wrongful death be filed no more than five years after the act that caused the person’s death.

Additional Laws that Apply to Connecticut Wrongful Death Claims

Wrongful death lawsuits are often emotionally charged. In addition, complex legal, evidentiary, and strategic considerations may be present. Notably, Connecticut law specifies that only the personal representative of the estate (i.e., the person named as the estate executor or administrator) can initiate a wrongful death lawsuit. However, if the lawsuit is successful, any money recovered may be distributed to multiple parties.

What If I Missed the Filing Deadline?

Even if you believe you missed the filing deadline, you should still consult with an experienced wrongful death attorney as quickly as possible. Connecticut wrongful death attorney Stephen Lebedevitch can assess whether the deadline actually passed, whether your case might be subject to an exception that could extend the statute of limitations, or whether you could seek compensation under a different legal theory.

Don’t Wait Until It’s Too Late. Contact The Lebedevitch Law Firm Today.

If you recently lost a loved one and believe someone else was at fault, contact The Lebedevitch Law Firm as quickly as possible. If you are unsure whether you have a claim, Mr. Lebedevitch can assess your situation and help you evaluate your options.

Contact Connecticut wrongful death attorney Stephen Lebedevitch today to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.