When a person dies as a result of another’s carelessness or negligence, those left behind sometimes feel anger, sadness and grief, particularly if the death was preventable. Filing a wrongful death claim can be an important step in finding justice.
But, before doing so, it’s important to understand who is entitled to file a wrongful death lawsuit.
Connecticut’s wrongful death laws
A wrongful death lawsuit can result from a motor vehicle collision, medical malpractice, a workplace injury or incident, a defective or dangerous product, or a fall on another’s property. In Connecticut, there are specific laws that govern wrongful death lawsuits and they state that a claim can only be filed by the Estate’s executor or administrator. What that means is that, even if the decedent didn’t leave behind any assets, a family member must go to the probate court to open an Estate for the loved one who died. The probate court will appoint an administrator or executor of the Estate who will make decisions on behalf of the decedent.
Connecticut imposes a two-year statute of limitations on wrongful death claims. This means the Estate must file the lawsuit within two years from the date of the person’s death. If the case is successful, the Estate will be awarded damages, or money, to cover the decedent’s lost earning capacity, medical costs, and funeral and burial expenses, as well as loss of enjoyment of life and pain and suffering.
Connecticut’s statutes regarding wrongful death are complicated. Working with someone who understands the law will ensure that the Estate can receive compensation for the loved one’s preventable death.