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Five misconceptions about filing a wrongful death lawsuit in Connecticut

On Behalf of | Mar 21, 2024 | Wrongful Death |

The loss of a loved one is a devastating experience under any circumstance, but especially when it is due to someone else’s negligence or wrongful actions. Like other states, families in Connecticut who find themselves in this tragic situation may have the option to pursue a wrongful death lawsuit. Still, understanding how the process works is critical to ensuring that families can seek justice and fair compensation.

Misconception 1: Filing eligibility is limited to immediate family

One common misconception is that only immediate family members can file a wrongful death lawsuit in Connecticut. However, the right to file extends to any individual appointed by the probate court to be administrator or executor of the deceased person’s estate.  Both immediate and extended family members, as well as dependents, may be eligible to serve in this posiiton. In other words, parents, spouses, children, grandparents and siblings may have the grounds to pursue legal action.

Misconception 2: There is no statute of limitations

It is critical to act promptly. Generally speaking, the lawsuit must be filed within two years from the date of the individual’s death. Failing to meet this deadline likely will result in the forfeiture of the right to seek compensation.

Misconception 3: The facts will speak for themselves

One of the key elements in a wrongful death lawsuit is proving that the death was a result of someone else’s negligence or wrongdoing. Proof often requires a thorough investigation and gathering of evidence to establish liability. It is important to note that negligence can take various forms, including medical malpractice, car crashes, premises liability, product defects and more. Working with an experienced wrongful death attorney can greatly assist in navigating the legal complexities and building a solid case.

Misconception 4: Compensation involves loss of income and expenditures related to the death only

Many people mistakenly believe that wrongful death lawsuit damages are based on financial loss or cost only. While monetary damages are a significant factor, they are not the only consideration. Connecticut law recognizes that money cannot fully compensate for the loss of a loved one. Therefore, wrongful death lawsuits also take into account non-economic damages, such as the pain and suffering endured by the deceased before their death, loss of companionship and affection, as well as the loss of the decedent’s enjoyment of life.

Misconception 5: Claimants are on their own

Navigating the legal process, handling paperwork, negotiating with insurance companies and advocating for fair compensation can overwhelm and frustrate grieving families. Seeking the assistance of an experienced wrongful death attorney is often crucial to navigating these challenges effectively.