Wrongful Death

Wrongful Death in Connecticut

The loss of a loved one due to someone else’s negligence is a devastating tragedy, leaving families with profound emotional and financial burdens. In Connecticut, wrongful death claims allow survivors to seek justice and compensation for their loss. We provide honest, high-quality representation, offering candid advice to clarify your case’s realities. We fight for maximum compensation for funeral costs, lost support, and emotional distress, guiding you through every step until resolution.

What Is a Wrongful Death?

A wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. Common causes in Connecticut include:

• Motor Vehicle Accidents: Car, pedestrian, or motorcycle crashes (e.g., distracted driving, DUI).
• Medical Malpractice: Misdiagnosis, surgical errors, or failure to treat (e.g., undiagnosed TBI).
• Premises Liability: Slip and falls, negligent security, or hazardous conditions (e.g., icy sidewalks).
• Workplace Accidents: Construction falls, equipment failures (may involve workers’ compensation).
• Product Liability: Defective products (e.g., faulty car parts, medical devices).
• Dog Bites or other intentional acts: (e.g., assaults).

Wrongful death claims aim to compensate survivors for losses and hold responsible parties accountable, differing from personal injury claims by focusing on the deceased’s estate and dependents.

Connecticut’s Wrongful Death Laws

• Wrongful Death Statute (CGS § 52-555)
  • Allows the executor or administrator of the deceased’s estate to file a claim for damages caused by negligence, recklessness, or intentional acts.
  • The claim compensates for losses to the estate and survivors, unlike criminal charges, which punish the wrongdoer.
• Who Can File
  • Only the executor or administrator of the deceased’s estate can file a wrongful death lawsuit, typically appointed through probate court. If no will exists, the court names an administrator (often a spouse or close relative).
  • Beneficiaries (e.g., spouse, children, parents) receive compensation through the estate, based on their dependency and loss.
• Proving Liability
  • You must prove:
    • The defendant owed a duty of care to the deceased (e.g., safe driving, medical care).
    • The defendant breached that duty (e.g., speeding, misdiagnosis).
    • The breach caused the death.
    • The estate or survivors suffered damages (e.g., lost support, emotional harm).
  • Specific Cases:
    • Medical Malpractice: Requires a certificate of good faith from a similar healthcare provider (CGS § 52-190(a)) and expert testimony.
    • Premises Liability: Must show the property owner knew or should have known about a hazard (CGS § 52-557).
    • Dog Bites: Uses strict liability (CGS § 22-357), unless the deceased provoked or trespassed.
  • Example: A driver texting and causing a fatal pedestrian crash is negligent; a doctor missing a fatal brain bleed may be liable for malpractice.
• Statute of Limitations (CGS § 52-555)
  • You have 2 years from the date of death to file a lawsuit, with a maximum of 5 years from the date of the negligent act or failure that caused the death.
  • Exceptions:
    • Minors: If beneficiaries are minors, the clock may start at age 18, but the 5-year cap often applies.
    • Fraudulent Concealment: If negligence was hidden (e.g., falsified medical records), the limit may be extended.
    • Municipal Claims: For deaths caused by public property defects (e.g., broken sidewalks), written notice is required within 90 days (CGS § 13a-149).
  • Missing deadlines typically results in case dismissal.
• Modified Comparative Negligence (CGS § 52-572h)
  • If the deceased was partially at fault (e.g., jaywalking in a pedestrian accident), damages are reduced by their fault percentage if less than 51%. For example, if the deceased was 20% at fault for a $1 million claim, the estate receives $800,000. If 51% or more at fault, recovery is barred.
• No Damage Caps
  • Connecticut imposes no cap on economic or non-economic damages, allowing full recovery for losses like funeral costs, lost support, and emotional distress.
• Workers’ Compensation (CGS § 31-294c)
  • If death occurs at work (e.g., construction accident), workers’ compensation provides benefits (e.g., funeral costs, dependency payments) but may limit third-party lawsuits unless a non-employer is liable (e.g., equipment manufacturer).

Steps to Take After a Wrongful Death

Taking prompt action preserves evidence and meets strict deadlines. Follow these steps:

• Seek Emotional Support: Grief is overwhelming; connect with counselors or support groups while pursuing justice.
• Appoint an Executor/Administrator: Work with probate court to name an estate representative to file the claim. We can guide you through this process.
• Gather Evidence:
  • Accidents: Obtain police reports, photos of the scene (e.g., crosswalk, hazard), witness contacts, and traffic footage. Use high-quality photography (we can arrange professionals).
  • Malpractice: Request medical records, test results, and provider correspondence.
  • Premises Liability: Document hazards (e.g., wet floor, broken railing) and obtain incident reports.
• Report the Incident:
  • For vehicle accidents: Call 911 for a police report.
  • For premises liability: Notify the property owner/manager.
  • For public property: Submit 90-day written notice to the municipality (CGS § 13a-149).
• Contact Our Firm: Act quickly to meet the 2-year statute (or 90-day municipal notice) and secure evidence.

Types of Recoverable Damages

Wrongful death claims compensate the estate and survivors for losses, including:

• Economic Damages
  • Funeral and Burial Costs: Expenses for services, cremation, or burial.
  • Medical Expenses: Costs incurred before death (e.g., ER visits, surgeries).
  • Lost Financial Support: Income the deceased would have provided to dependents (e.g., wages, benefits), calculated based on life expectancy and earning history.
  • Lost Services: Value of household contributions (e.g., childcare, home maintenance).
• Non-Economic Damages
  • Loss of Companionship: Emotional harm from losing the deceased’s love, guidance, or support (e.g., for spouses, children, parents).
  • Pain and Suffering: Conscious pain endured by the deceased before death, if provable (e.g., via medical records).
  • Loss of Consortium: Impact on marital intimacy or shared activities.
  • Emotional Distress: Grief, anxiety, or depression for survivors.

Potential Liable Parties

• Drivers: For negligent actions in vehicle crashes (e.g., texting, speeding).
• Healthcare Providers: For malpractice (e.g., surgical errors, misdiagnosis; requires certificate of good faith).
• Property Owners: For hazardous conditions (e.g., slip and falls, negligent security; CGS § 52-557).
• Municipalities: For defective public property (e.g., broken sidewalks; 90-day notice required).
• Employers: For workplace deaths, via workers’ compensation or third-party claims (e.g., subcontractors).
• Manufacturers: For defective products (e.g., faulty brakes; 3-year statute; CGS § 52-572m).

How Our Firm Can Help

Wrongful death claims are emotionally and legally complex, requiring proof of liability, causation, and damages. Insurers often undervalue claims or shift blame to the deceased. Our firm provides:

• Candid Advice: We explain challenges like comparative negligence, proving causation, or securing expert testimony for malpractice, ensuring realistic expectations.
• Evidence Collection: We gather police reports, medical records, accident footage, witness statements, and expert testimony (e.g., economists, medical experts) to prove liability and losses.
• Expert Testimony: For malpractice or complex cases, we retain qualified experts to meet Connecticut’s requirements.
• Insurance Negotiations: We counter lowball offers and pursue UM/UIM or other insurance to maximize compensation.
• Timely Action: We file claims within the 2-year statute (or 90-day municipal notice) and secure certificates of good faith for malpractice cases.
• Support: We guide you from consultation to resolution, offering free consultations and contingency fees (no fees unless we win).
• Maximum Recovery: We account for every loss, from medical bills to loss of enjoyment, to maximize your verdict.

Unique Challenges in Wrongful Death Cases

• Emotional Toll: Pursuing a claim during grief is difficult; we handle legal burdens with sensitivity.
• Proving Damages: Calculating lost support or companionship requires expert analysis (e.g., actuaries for future earnings).
• Comparative Negligence: Defendants may blame the deceased (e.g., jaywalking, non-compliance with medical advice). We minimize fault with evidence.
• Malpractice Complexity: Requires a certificate of good faith and medical experts, unlike accident-based claims.
• Probate Process: Appointing an executor/administrator adds procedural steps not present in personal injury claims.

Practical Tips

• Act Quickly: Contact us promptly to meet the 2-year statute and preserve evidence (e.g., accident footage may be erased).
• Document Losses: Keep records of funeral costs, medical bills, and the deceased’s income or contributions.
• Avoid Statements: Don’t discuss fault with insurers or on social media, as it could reduce recovery.
• Seek Support: Engage counselors or support groups to cope with grief while we pursue justice.
• Check Insurance: Identify all applicable policies (e.g., UM/UIM, homeowner’s) to maximize recovery.

Why Act Now?

Insurers often delay or undervalue claims, and strict deadlines (2 years or 90 days for municipal claims) can bar recovery if you wait. Our firm ensures you receive the maximum compensation you deserve for financial and emotional losses.

Contact us today for a free consultation to protect your rights and honor your loved one’s memory through a wrongful death claim.