To file a wrongful death lawsuit in Connecticut, the deceased person’s estate representative generally must bring a claim against the party whose wrongful act caused the death. The filing process begins with identifying who has authority to file, reviewing the evidence, and checking the deadline.
You may be dealing with urgent legal questions while grieving a loss. Welcome Law Firm can help you understand your options. Read on to learn how a Waterbury wrongful death lawyer from Welcome Law Firm can help you file a wrongful death lawsuit in Connecticut.
Who Can File a Wrongful Death Lawsuit in Connecticut?
Connecticut law generally requires the executor or administrator of the deceased person’s estate to file the wrongful death lawsuit. This person is also called the estate’s personal representative. A family member does not automatically have authority to bring the action solely because of their relationship to the person who died.
If an estate representative has not yet been appointed, an appointment through the probate process may be needed before the lawsuit can proceed. The representative brings the claim on behalf of the estate, even when surviving family members may ultimately benefit from a recovery.
Our team at Welcome Law Firm can help you understand all the steps of how to file a wrongful death lawsuit in Connecticut.
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What Must Be Shown in a Connecticut Wrongful Death Claim?
A wrongful death claim generally requires evidence that another party’s wrongful act caused the death. The facts needed to establish liability depend on what happened and the legal basis for holding that party responsible, such as negligence. Evidence may include:
- Medical records that help establish the cause of death and related treatment.
- Incident reports, photographs, or witness accounts that help show what happened.
- Employment and financial records that help establish economic losses.
An investigation into the fatal incident can also identify potential defendants and whether additional evidence should be preserved. In some cases, expert review may help explain the cause of death or the losses. Welcome Law Firm can review the available information and explain what further investigation may be needed.
What Is the Deadline for Filing a Wrongful Death Lawsuit?
Under Connecticut’s wrongful death statute, a lawsuit generally must be filed within two years of the date of death. The law also generally bars an action brought more than five years after the act or omission that caused the death.
These filing limits can be difficult to apply without reviewing the dates and circumstances of a particular case. Contacting a lawyer promptly can help you assess the deadline for a wrongful death claim and preserve evidence while it is still available.
What Steps Are Involved in Filing the Lawsuit?
After an estate representative has authority to act, the wrongful death filing process typically begins with an investigation into the death, the potential defendants, and the losses. The representative then files a civil complaint and follows the required procedures for notifying the defendants. The general steps are:
- Confirm who has authority to act for the estate.
- Gather records and investigate the cause of death.
- Prepare and file the lawsuit within the applicable deadline.
- Proceed through the exchange of information, negotiations, and, if necessary, trial.
The exchange of information, often called discovery, may include records and testimony relevant to the claim. A case may resolve without a trial, but filing a lawsuit does not guarantee a settlement. The path forward depends on the evidence, the defenses raised, and whether the parties can reach an agreement.
What Compensation May Be Available in Connecticut?
Connecticut wrongful death damages may include the deceased person’s lost earning capacity, medical expenses related to the fatal injury, and reasonable funeral expenses. Depending on the evidence, compensation may also address the deceased person’s conscious pain and suffering and loss of enjoyment of life.
The amount recoverable depends on the circumstances and proof of the losses. Questions about how a recovery is handled through the estate are separate from determining the value of the wrongful death claim. Our team has recovered millions of dollars in settlements for our clients.
When you know how to file a wrongful death lawsuit in Connecticut, you can increase the chances of recovering compensation.
Can a Claim Be Filed If the Death Was Not Immediate?
Yes. A death that occurs after an injury may still support a wrongful death claim if the evidence establishes that a wrongful act caused the death and the claim meets the applicable legal requirements.
The time between the injury and death can affect the medical records and other evidence needed to prove causation and damages. It can also make the filing deadlines especially important, so the relevant dates should be reviewed carefully.
Learn More About Filing a Connecticut Wrongful Death Lawsuit
You do not have to sort through estate procedures, evidence, and filing deadlines alone. Welcome Law Firm can listen to what happened and help you understand the potential next steps for bringing a claim. Our team is trilingual, we have a trilingual team, our team has members who speak Portuguese, Spanish, and English.
If you have lost a loved one and believe someone else may be responsible, contact us to discuss your situation in a free consultation.
