When someone dies as a result of a personal injury, Connecticut's laws allow surviving family members to seek compensation for losses suffered. While pursuing litigation cannot bring a loved one back, the financial compensation helps those left behind. Here’s what you should know about pursuing a wrongful death case.

A Guide to Wrongful Death Claims

What’s the basis for a wrongful death claim?

Similar to personal injury claims, wrongful death lawsuits arise from events that cause fatalities due to someone else’s conduct or failure to act. Auto accidents, medical malpractice, workplace incidents, and faulty products lead to claims.

To establish a successful case, the individual who files must show the defendant either partly or completely caused the death and the defendant was negligent or strictly liable for the death. Additionally, the person filing must show monetary losses resulting from the death.

Who can file a wrongful death lawsuit?

The probate court must appoint someone, typically a family member, as the administrator of the deceased person’s estate. An administrator can file the claim against those responsible for the death.

What kind of compensation can be recovered?

Financial compensation includes funeral and burial expenses, medical bills for treatment related to the personal injury and death, and lost earning capacity. Compensation can also be awarded based on the loved one’s pain and suffering before passing, the loss of ability to enjoy life activities, and the surviving spouse’s loss of companionship.

How much time do you have to file a wrongful death claim?

Generally, wrongful death claims must be brought in Connecticut within two years from the date the person passes away. Claims might be valid for up to five years under some circumstances. A personal injury attorney will tell you the exact date by which you must start litigation to protect your right to recover compensation.

If you lose a loved one to wrongful death and need counsel from an experienced attorney, contact Traystman & Coric LLC in New London, CT. Offering more than 100 years of combined legal experience, they serve clients throughout New London County. In addition to personal injury civil litigation, their attorneys focus on criminal defense cases. Visit their website to learn more about their services, or call (860) 442-8758 to schedule a consultation.