When a person dies due to the negligent, reckless or intentional actions of another individual, a wrongful death lawsuit can be brought to provide financial compensation to the decedent’s estate and loved ones for losses suffered. Although no amount of money can truly replace a life, the law provides a way to seek accountability from the party legally at fault for causing the injuries that led to the death. However, there are strict procedures that must be followed.

Under Connecticut law, a wrongful death action can be filed only by the executor or administrator of the deceased person’s estate. This individual may be named in the decedent’s will or appointed by the probate court if no will exists. Although the estate brings the action, any financial recovery is ultimately for the benefit of the deceased person's heirs or next of kin, typically including their spouse, children or other close relatives.

The damages available in a Connecticut wrongful death lawsuit can compensate for both economic and non-economic losses. These can include:

• Final expenses — The estate may recover the costs of the decedent’s medical care related to the fatal injury or illness, as well as funeral and burial expenses.

• Loss of earning capacity — This accounts for the income the decedent would have reasonably been expected to earn over their lifetime, had they lived. Calculations factor in inflation and taxes to provide an accurate projection of lost financial support.

• Conscious pain and suffering — If the decedent experienced pain and suffering between the time of injury and their death, compensation can be awarded to reflect the severity and duration of their distress.

• Loss of enjoyment of life — This is compensation for the decedent’s inability to enjoy life’s activities during the time between the injury and death.

In addition to these claims by the estate, certain surviving family members may also seek damages. A surviving spouse can file a loss of consortium claim, which includes the loss of the decedent’s companionship, affection, support, and shared life experiences. Similarly, minor children may claim compensation for the loss of parental love, guidance, care and companionship. These personal claims are brought with or joined with the wrongful death lawsuit.

Connecticut imposes strict deadlines for filing a wrongful death lawsuit. The claim must be filed within two years of the person’s death and no later than five years from the date of the underlying incident or accident that caused the fatal injury. Failing to meet the deadline can result in the permanent loss of the right to pursue compensation.

Connecticut families who have experienced the tragic loss of a family member may benefit from working with experienced personal injury attorney who can advocate for their rights and help secure the financial resources they need to move forward.

The O’Neil Law Firm in Hartford, Connecticut serves families throughout Hartford, Middlesex and Tolland counties. Call us at 866-418-7593 or contact us online to set up a consultation.