Losing a family member is a devastating experience. The grief can be all-consuming, making it difficult to even think about the future. When that loss was caused by the carelessness or wrongful act of another person or company, the pain is compounded by a sense of injustice. You are left with questions, anger, and the crushing financial and emotional fallout.

During this profoundly difficult time, the legal system offers a path to seek accountability. In Connecticut, this is known as a wrongful death claim. While no amount of money can ever replace your loved one, pursuing a case can provide a measure of justice, financial stability for your family’s future, and a sense that the responsible party has been held accountable for their actions.

This guide will walk you through the fundamentals of a wrongful death claim in Connecticut. It is designed to help you understand if you have a potential case and what steps are involved in seeking justice for your family.

Understanding a Wrongful Death Case in Connecticut

First, it is important to understand what a wrongful death claim is—and what it isn't. This is a civil lawsuit, not a criminal prosecution. While the state might separately press criminal charges (for example, in a drunk driving fatality), a wrongful death lawsuit is a distinct action brought by the deceased's estate to recover monetary damages.

The legal basis for these claims is found in Connecticut General Statutes § 52-555. In simple terms, this law allows a legal claim to be filed when a person's death is caused by negligence or a wrongful act. Essentially, if the deceased person could have filed a personal injury lawsuit had they survived their injuries, their estate now has the right to file a wrongful death claim on their behalf.

These cases can arise from a wide variety of circumstances, including:

• Car Accidents: Collisions caused by drunk, distracted, or reckless drivers.
• Medical Malpractice: Fatal errors made by doctors, surgeons, nurses, or hospitals, such as a misdiagnosis, surgical mistake, or anesthesia error.
• Workplace Accidents: Deaths resulting from unsafe working conditions or failure to follow safety protocols.
• Nursing Home Abuse: A wrongful death lawsuit may arise from nursing home abuse when a resident's passing is caused by staff negligence, such as fatal falls from a lack of supervision, sepsis that develops from untreated bedsores, or a deadly medication error.
• Defective Products: Fatalities caused by a poorly designed or manufactured product.
• Premises Liability: A death occurring on someone else's property due to an unsafe condition, like a fall or an animal attack.

The core purpose of the lawsuit is to compensate the surviving family members for the immense losses—both financial and personal—that result from their loved one's death.

Meeting the Wrongful Death Case Qualifications: The Four Core Elements

To have a valid wrongful death claim in Connecticut, your attorney must be able to prove four specific elements. These are the building blocks of any negligence-based case. The person or entity you are suing is referred to as the "defendant."

1. Duty of Care

The first step is to show that the defendant owed your loved one a "duty of care." This is a legal obligation to act with a certain level of caution and prudence to avoid harming others. This duty exists in countless everyday situations.

• A driver has a duty to operate their vehicle safely and follow traffic laws.
• A doctor has a duty to provide medical care that meets the accepted professional standard.
• A property owner has a duty to keep their premises reasonably safe for visitors.
• A manufacturer has a duty to sell products that are safe for consumers when used as intended.

Establishing this duty is typically the most straightforward part of a wrongful death case.

2. Breach of that Duty

Next, your wrongful death attorney must prove that the defendant breached this duty of care. This means they failed to act as a reasonably careful person or professional would have under similar circumstances. Their actions—or in some cases, their inaction—were negligent.

• A driver texting while behind the wheel has breached their duty.
• A surgeon operating on the wrong body part has breached their duty.
• A store owner who knows about a spill and fails to clean it up has breached their duty.
• A company that markets a product with a known fatal defect has breached its duty.

Evidence such as police reports, witness testimony, expert analysis, medical records, and internal company documents are often used to prove this breach.

3. Causation

This element connects the defendant's breach of duty directly to the death. It’s not enough to show that the defendant was careless; you must prove that their carelessness is what caused the fatal injury. Legally, this argument involves two concepts:

• Actual Cause: This concept is the "but for" test. But for the defendant’s negligent action, would the death have occurred? If the death would not have happened without the defendant’s breach, then actual cause is established.
• Proximate Cause: This concept deals with foreseeability. Was the death a foreseeable result of the defendant's actions? For example, it is foreseeable that running a red light could cause a fatal T-bone collision.

Proving causation can be complex, especially in medical malpractice or product liability cases, and it often requires testimony from highly qualified expert witnesses.

4. Damages

Finally, it must be shown that the death resulted in specific, quantifiable losses, known as damages. These include both the economic costs and the profound non-economic losses suffered by the deceased and their surviving family. A successful wrongful death case results in a financial award to compensate for these damages. We will explore the types of damages in more detail below.

Who is Authorized to File a Wrongful Death Lawsuit in Connecticut?

This is a point of frequent confusion for grieving families. In many states, family members like a spouse or child can file a wrongful death lawsuit directly. Connecticut law is different.

In Connecticut, the wrongful death lawsuit must be filed by the executor or administrator of the deceased person’s estate.

• Executor: If your loved one had a will, they likely named an executor to manage their final affairs. This person is responsible for initiating the legal claim.
• Administrator: If your loved one died without a will (known as "intestate"), the probate court will appoint an administrator to serve this function. This is often the surviving spouse or another close family member.

While the executor or administrator is the formal plaintiff in the lawsuit, they are acting on behalf of the estate and its beneficiaries. The financial compensation recovered from the lawsuit is then distributed to the surviving family members, such as the spouse, children, and other dependents, according to Connecticut law. An experienced wrongful death lawyer can guide you through the process of opening an estate and getting an executor or administrator appointed by the court, which is a necessary first step.

The Connecticut Statute of Limitations: A Ticking Clock

It is essential to act quickly after a wrongful death. Connecticut law imposes a strict deadline, known as the statute of limitations, for filing a lawsuit.

Generally, a wrongful death case must be filed within two years of the date of death.

However, there is an additional rule called a "statute of repose." This rule states that no lawsuit may be brought more than five years from the date of the negligent act or omission that ultimately caused the death. This time frame can become a factor in cases where the injury happened long before the death occurred, such as with a delayed medical diagnosis or exposure to a toxic substance.

If you fail to file the lawsuit within this legal window, the court will almost certainly dismiss your case, and you will lose the right to seek compensation forever. This is why it is so important to speak with a wrongful death lawyer as soon as possible. They can ensure all critical deadlines are met while you focus on your family.

What Compensation is Available? Understanding Wrongful Death Damages in CT

The damages awarded in a Connecticut wrongful death case are intended to compensate for the full scope of the loss. This includes damages suffered by the deceased person from the moment of injury until their death, as well as the losses suffered by the family.

Economic Damages

These are the calculable financial losses stemming from the death:

• Loss of Earning Capacity: This is often the largest component of a wrongful death award. It is not just the wages the person was earning at the time of death but the total amount of income and benefits they could have reasonably been expected to earn over the course of their lifetime. This calculation often requires the analysis of financial experts and economists.
• Medical Expenses: The cost of all medical care related to the final injury, including ambulance rides, hospital stays, surgeries, and treatments.
• Funeral and Burial Expenses: The reasonable costs associated with the funeral service and burial or cremation.

Non-Economic Damages

These compensate for the profound, intangible losses that have no simple price tag:

• Pain and Suffering: Compensation for the physical pain, emotional distress, and terror the deceased experienced between the time of the injury and their death.
• Loss of the Capacity to Enjoy Life: This is a significant component in Connecticut. It compensates for the loss of all of life’s pleasures—the ability to spend time with family, pursue hobbies, travel, and simply experience the joys of being alive.
• Loss of Consortium: For a surviving spouse, damages may be awarded for the loss of their partner’s companionship, affection, and relationship.

In rare cases where the defendant's conduct was exceptionally reckless or intentional, punitive damages may also be awarded. These are not meant to compensate the family but to punish the defendant and deter similar conduct in the future.

Why You Need an Experienced Connecticut Wrongful Death Attorney

Navigating the aftermath of a loved one's death is emotionally exhausting. Trying to handle a complex legal claim at the same time is nearly impossible. Partnering with a skilled and compassionate wrongful death attorney is not just a good idea—it is a necessity.

Navigating Complex Legal and Procedural Hurdles

The legal system has a maze of procedural rules, filing deadlines, and evidence standards. A seasoned attorney manages this entire process, ensuring every detail is handled correctly so you can focus on healing.

Establishing the Estate

As mentioned, a lawsuit can only be filed by an executor or administrator. A qualified law firm can guide you through the probate court process to get the estate established and the proper representative appointed.

Accurately Valuing Your Case

How do you calculate a lifetime of lost earnings? How do you put a number on the loss of life’s enjoyment? An experienced lawyer works with a network of experts—including economists, medical specialists, and vocational experts—to build a comprehensive and compelling case for the full value of your claim.

Dealing with Insurance Companies

The defendant's insurance company has one goal: to pay as little as possible. Their adjusters are trained negotiators who may try to offer a quick, lowball settlement. Your attorney will handle all communications with the insurance company, protecting you from their tactics and fighting for a fair outcome.

Providing Objective Guidance During an Emotional Time

A lawyer serves as your objective advocate. They provide clear-headed advice and strategic guidance, helping you make the best decisions for your family’s future without being clouded by the grief and anger you are rightfully feeling.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

At Brandon J. Broderick, Attorney at Law, we understand that you are going through an unimaginable time. We know that your legal case is about more than just money; it is about honoring your loved one’s memory and securing your family's future. Our team is dedicated to providing compassionate support and aggressive legal representation.

If you have lost a family member due to someone else's negligence in Connecticut, you do not have to face this alone. Contact us for a free, no-obligation consultation. We will listen to your story, answer your questions, and explain how we can help you seek the justice your family deserves. We are available day or night to assist you.