How to File a Claim for Wrongful Death in CT

Wrongful Death report and gavel in a court.

Losing a loved one is tragic, especially when their death was caused by an accident. If you lost a loved one and someone else was at fault, your family may be entitled to compensation in a wrongful death claim.

What Is a Wrongful Death Claim?

Every state has a statute that specifies what a family must do to obtain compensation after losing a loved one. Connecticut Code Section 52-555 identifies what a family must prove to successfully bring a claim for wrongful death.

A wrongful death lawsuit is a legal action filed by the executor or administrator of an estate to obtain compensation from the at-fault party for injuries suffered by a loved one. A Connecticut wrongful death action allows the estate of the deceased person to obtain compensation for the cost of medical, hospital, and nursing services, as well as funeral expenses.

Does Your Family Have a Wrongful Death Claim?

The easiest way to determine whether your family has grounds to file a wrongful death claim is by asking whether your family member would have had grounds to file a claim for personal injuries if they had survived. If the answer is yes, then your family can file a claim.

Wrongful death claims are often complicated and hotly contested. If you think your family might have a claim after the loss of a loved one, you should speak with Connecticut wrongful death attorney Stephen Lebedevitch as soon as possible.

How to File a Claim

The Connecticut wrongful death statute identifies a two-year time limit for filing a wrongful death claim and states that no claim for wrongful death can be brought more than five years from the date of the act that caused the death of the deceased person.

However, there is no statute of limitations if the person who caused the death was convicted of or found guilty by reason of mental disease of murder, or manslaughter.

When suing for wrongful death, the estate representative must prove that the defendant(s) caused the death of a loved one through their negligent or wrongful actions.

Wrongful death claims usually accompany other claims of negligence. They are often filed in a lawsuit that includes claims for compensation caused by an automobile or truck accident or an accident involving a motorcycle or bicycle.

Who Can File a Wrongful Death Lawsuit?

A claim for wrongful death is brought in the name of the estate of the deceased person. Unlike other personal injury claims, the injured person (the deceased) can no longer seek compensation from the person who caused their injuries. The estate representative—the person responsible for closing the deceased person’s estate—must step in to handle the wrongful death claim on their behalf.

What Compensation Is Available in a Connecticut Wrongful Death Claim?

The estate of the deceased person is entitled to recover compensation for:

  • Loss of enjoyment of life
  • Loss of income
  • Conscious pain and suffering prior to death
  • Hospital and medical expenses
  • Nursing services
  • Funeral and burial expenses

The surviving spouse of the deceased can recover compensation for loss of consortium.

How Long Does It Take to Settle Claims?

Claims for wrongful death are often complicated. The length of time it takes to settle a wrongful death claim will depend on multiple factors, including whether the cause of death is clear, how the death occurred, and whether the at-fault party accepts their role in causing the death of your loved one.

In many cases, even though the at-fault party accepts their role in causing the death of a loved one, they will still explore various defenses. Even when legal fault is clear, litigation is often necessary to establish the value of the wrongful death claim or to assign percentages of fault between multiple defendants.

Contact Connecticut Wrongful Death Attorney Stephen Lebedevitch

The Lebedevitch Law Firm is based in Fairfield, Connecticut, and represents families who have lost loved ones in fatal accidents. We understand that this is a difficult time, and we will do everything we can to ensure the best outcome for you and your family.

We have extensive experience handling wrongful death claims and lawsuits for the negligence that accompanies them. We will help your family open an estate for your loved one and fight for compensation on their behalf.

As you consider your options, remember that Connecticut claims for wrongful death must be filed within two years from the date of your loved one’s death. In addition, your family may have other claims with even shorter time limits. Protect your right to compensation by contacting us as soon as possible.

Categories: Criminal Defense