Understanding Wrongful Death Claims from Catastrophic Injury

Posted on 08/08/23

Wrongful Death Claims from Catastrophic Injury

Finding out your loved one has passed away from a catastrophic injury can be devastating. But knowing someone else’s negligence caused their accident can be even worse.

How do you proceed after a catastrophic injury case resulting in wrongful death? Even though a wrongful death claim won’t bring your loved one back, it can help you begin moving forward in their absence. 

Here is more about a wrongful death claim resulting from catastrophic injuries. Then, contact a catastrophic injury attorney in the event you wish to start the process of seeking compensation. 

What Is Wrongful Death? 

Wrongful death is a civil action brought about by the loved ones of a person who died due to another person’s misconduct. Wrongful death may involve negligence and/or purposeful actions. In the latter instance, wrongful death may coincide with criminal cases that try a person for murder or manslaughter. 

In a wrongful death case, you would seek financial compensation to account for your loved one’s untimely death. This compensation could include economic expenses, such as:

  • Medical bills
  • At-home medical care
  • Funeral costs
  • Loss of financial support from the decedent

It could also cover non-economic costs resulting from a loved one’s death, such as:

  • Grief
  • Pain and suffering
  • Mental anguish
  • Loss of companionship

Common Catastrophic Injuries From Personal Injury Cases

Personal injuries that lead to wrongful death are often called “catastrophic injuries” because they are so severe that the injury victim cannot recover. Common examples of these types of injuries include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Paralysis
  • Internal bleeding
  • Organ damage
  • Loss of limbs

Who Can File a Wrongful Death Claim? 

Connecticut is unique in that only a decedent’s executor or administrator can file a wrongful death claim. This policy differs from many other states that allow any close family member to file such a claim. 

Your loved one’s administrator may be someone they named in their will to handle their affairs after death. If your loved one did not name an administrator or executor, the court would select a close family member or the decedent’s attorney to fulfill this role during probate. 

Your loved one may have appointed someone as their executor who has no interest in pursuing a wrongful death claim, while you and your family members do want to pursue a claim. In this case, talk to a catastrophic injury attorney about your options. 

Wrongful Death Statute of Limitations in Connecticut

The estate administrator will need to file a wrongful death lawsuit within the statute of limitations for Connecticut. This statutory deadline is either:

  • Two years from the date of death
  • Five years from the date of the accident 

Typically, the deadline you’d need to stick to is whichever date comes first. 

There are a few exceptions to the statute of limitations, but, in general, failing to file by one of these deadlines will prevent you from seeking compensation for your loved one’s death. Your attorney can ensure you meet all applicable deadlines throughout your wrongful death case, gather evidence to support the defendant’s negligence, and take the stress of the claim off your shoulders. 

Are you looking for legal support after your loved one’s wrongful death? Contact the Law Offices of James A. Welcome today at 203-753-7300 to schedule your free consultation.