Wrongful Death Lawsuits in Connecticut

If a family member has been killed because of someone else's wrongful act--for example, by a careless driver or medical malpractice--you may be entitled to seek compensation. Connecticut law allows the estate of a deceased person to pursue a wrongful death claim against the person (or people) responsible for the death.

State law covers what you must prove to win your case, who's allowed to sue, and how compensation is calculated and distributed. There are also crucial deadlines for filing your case in court. The rules for these cases can be complicated, and it's important to understand how Connecticut law applies to your situation.

What Is "Wrongful Death"?

In Connecticut, as in most states, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including because of:

• a negligence-based incident (such as a car accident)
• medical malpractice, or
• an intentional act.

(Conn. Gen. Stat. § 52-555 (2024).)

A Wrongful Death Might Also Be a Crime

In some cases, someone could face criminal charges and a wrongful death lawsuit for the same act. For example, someone who intentionally kills another person could be charged with murder, and also face a civil lawsuit for wrongfully causing the victim's death.

If the death was accidental, the person who caused it could still face a wrongful death lawsuit over their negligent actions even if they are not charged with a crime. However, sometimes someone's behavior is so reckless that they can be criminally liable even though they didn't intend to hurt anybody. (For example, someone who causes a fatal car accident because of reckless or impaired driving could be charged with vehicular manslaughter.)

Proving Liability in a Wrongful Death Case

In a wrongful death case, the plaintiff must prove that the defendant's irresponsible or intentional act caused the victim's death. The specifics of what the plaintiff must prove will differ depending on the kind of case they file. For example, in a negligence case the plaintiff must prove that the defendant's irresponsible behavior directly led to the victim's death.

In a civil lawsuit, the defendant's liability must be shown only "by a preponderance of the evidence." This means the plaintiff must show that it is more likely than not that the defendant caused the victim's death through negligence, an intentional act, or some other legal fault. This civil standard is much less demanding than the standard in criminal cases, where the prosecution must prove the defendant's guilt "beyond a reasonable doubt."

Learn more about how to prove a wrongful death civil lawsuit.

Who Can File a Wrongful Death Claim in Connecticut?

Unlike in other types of personal injury cases, the injured person in a wrongful death case (the deceased) is no longer able to seek compensation from the individual or entity that caused the injury; someone else must step in to bring the case to court on behalf of the person's survivors and estate.

In some states, the deceased person's family is permitted to file a wrongful death lawsuit. In Connecticut, however, only an executor or administrator of the deceased person's estate may bring a wrongful death claim. (Conn. Gen. Stat. § 52-555 (2024).)

An executor's job is to "wrap up" a deceased person's finances. This includes tasks like locating the deceased's assets, ensuring their property is distributed according to their wishes, and paying any outstanding bills or taxes. If the deceased died because of someone else's careless or intentional act, then the executor is also responsible for pursuing any legal action.

Naming an executor is an important part of estate planning , and people often name their spouses or children to serve in the role. But if the deceased did not have a will or any other estate plan, then the court may appoint an executor or administrator. A court-appointed executor may also serve in place of a named executor or administrator who cannot serve in the role.

Who Can Receive Compensation in a Wrongful Death Case?

In Connecticut, a wrongful death lawsuit is brought by an executor on behalf of the deceased--not on behalf of the deceased person's family.

Keep in mind that this distinction still matters even if the executor is a close relative of the deceased, like a spouse or a child--it affects both for the kinds of damages available (which we'll discuss below) and who can receive compensation.

What Happens to Money Paid to a Deceased Person's Estate?

Money from a wrongful death settlement or award is treated the same as any other asset in a deceased person's estate. This means that the money will be dealt with in one of two ways:

• If the deceased person had a will or other estate plan, then the money will be distributed according to the wishes stated in those documents. For example, if a will names a spouse as the recipient of all the deceased person's assets, then they would also receive compensation from any wrongful death action.
• If the deceased person did not have an estate plan, then the money will be distributed according to Connecticut's laws for intestate succession.

These rules are one of many reasons people should plan ahead for the possibility that they might die or be incapacitated--even if it seems very unlikely right now. It's important to discuss your wishes with your loved ones, and to have wills and other legal documents that clearly express your intentions.

Can You Be Compensated Directly for the Death of Your Spouse?

The same circumstances that give rise to a wrongful death claim may also give rise to a claim for so-called "loss of consortium." A lawsuit for loss of consortium allows the spouse of the deceased to seek compensation for certain direct losses that they have suffered because of the death. There are three important points to keep in mind about claims for loss of consortium:

• Only a spouse can sue. In Connecticut, when someone has died only a spouse can receive compensation for loss of consortium. This is a different rule from the one that applies to serious injuries--the children of a seriously injured person may be entitled to compensation in certain situations. Keep in mind that both kinds of claims might be allowed if, for example, someone is seriously injured and then dies from their injuries sometime later. (Campos v. Coleman 319 Conn. 36 (Conn. 2015).)
• A loss of consortium claim must be joined with any wrongful death claim. Even though they are separate causes of action, a claim for loss of consortium and a claim for wrongful death will deal with many of the same facts and legal questions. Therefore, ideally they will be filed as two parts of the same lawsuit. If they are not, then the court will combine the two cases so they can be heard together. (Conn. Gen. Stat. § 52-555b (2024).)
• Claims for loss of consortium and wrongful death entitle the plaintiff to different kinds of damages. We'll talk more about that in the next section, but it's important to understand that financial compensation from a successful wrongful death claim will generally be much higher than from a successful loss of consortium claim.

What Damages Are Possible in a Wrongful Death Case?

As in other types of personal injury lawsuits, the defendant's liability in a successful wrongful death case is expressed solely in terms of financial compensation that the court orders the defendant to pay to the plaintiff. This is one major difference between a wrongful death lawsuit and a criminal homicide case, where a conviction can result in jail or prison time, fines paid to the state, probation, and other penalties.

In a successful Connecticut wrongful death lawsuit, the court orders the defendant to pay "damages"—or the plaintiff's claimed losses—to the deceased person's estate. The court will determine the amount of damages based on several categories of losses, including:

• the deceased person's lost earning capacity
• loss of the deceased person's ability to carry on and enjoy life's activities
• conscious pain and suffering by the deceased before death
• reasonably necessary medical, hospital, and nursing expenses related to the deceased person's final illness or injury; and
• funeral and burial expenses.

Get more details on damages that might be available in a wrongful death case.

(Conn. Gen. Stat. § 52-555 (2024).)

Additional Damages for Deaths Caused by Dangerous Driving

Connecticut has a statute that allows courts to award double or triple damages in some wrongful death cases arising from auto accidents. These additional damages are available if:

• the driver who caused the accident deliberately or recklessly disregarded certain traffic laws, and
• the driver's deliberate or reckless behavior was a "substantial factor" in causing the death.

The statute also requires plaintiffs who want to seek double or triple damages to specifically include these claims when filing the wrongful death lawsuit.

The statute lists the traffic laws covered by this rule. For example, additional damages can be awarded if the defendant driver was disregarding the speed limit or driving under the influence of drugs or alcohol.

(Conn. Gen. Stat. § 14-295 (2024).)

Separate Damages for Loss of Consortium

As we discussed in the previous section, the spouse of someone killed through negligence or another wrongful act may be able to recover damages for loss of consortium.

The damages available to a spouse in a loss of consortium claim are different from what's available to the deceased's estate in a wrongful death claim. In general, a wrongful death claim covers economic damages like the cost of medical care, funeral expenses, and the deceased's lost earning capacity. On the other hand, damages for a loss of consortium claim cover losses that are harder to quantify in dollars. The surviving spouse may be entitled to compensation for:

• The intangible aspects of the marriage. These intangibles include things like the loss of society, affection, moral support, and companionship the deceased spouse would have provided.
• Household services performed by the deceased. "Household services" covers the unpaid work a married person does to help the family. It could include, for example, things like home repairs and other chores, childcare, and vehicle maintenance.

These damages can be difficult to estimate. And, because they do not include things like the deceased spouse's future earning potential, they will often be significantly less than the compensation available in a wrongful death lawsuit.

(Conn. Gen. Stat. § 52-555b (2024); Ashmore v. Hartford Hosp. 331 Conn. 777 (Conn. 2019).)

How Long Do I Have to File a Wrongful Death Claim in Connecticut?

Civil lawsuits must be filed within a specific period of time. These deadlines, called statutes of limitations, vary by state and by the kind of case being filed. It's crucial to understand Connecticut's deadlines for wrongful death cases.

Connecticut's Two Deadlines for Wrongful Death Lawsuits

In general, a plaintiff has two years from the day a person dies to bring a wrongful death claim.

However, no wrongful death claim can be brought more than five years from the date of the act that caused the person's death.

For example, imagine that someone is badly injured in a car accident and dies six years later from health problems caused by those injuries. In that situation, even if the executor immediately filed a wrongful death lawsuit, it would be dismissed because it came after the five-year deadline.

This outcome might seem unfair. But in this kind of situation Connecticut law assumes that the injured person should have filed a personal injury claim shortly after the accident.

(Conn. Gen. Stat. § 52-555 (2021).)

Exceptions to the Deadlines for Wrongful Death Claims

Connecticut waives its deadlines for filing wrongful death claims in cases where the deceased was the victim of:

• murder
• murder with special circumstances
• felony murder
• arson murder
• manslaughter in the first degree, or
• manslaughter in the first degree with a firearm.

For the deadline to be waived, the defendant in the wrongful death lawsuit must have either been:

• convicted of killing the deceased, or
• found not guilty by reason of mental disease or defect.

(Conn. Gen. Stat. § 52-555 (2021).)

Connecticut law also recognizes that there are sometimes legitimate reasons a person (or their estate) could not have filed a lawsuit more quickly. For example, if the defendant fraudulently conceals their wrongdoing, then the statute of limitations clock will not start to run until the wrongdoing is discovered. This can be important in cases involving medical malpractice or toxic torts, where serious health problems may develop over time and be difficult to detect.

(Conn. Gen. Stat. § 52-595 (2024).)

Getting Help With Your Wrongful Death Claim

If you're considering a wrongful death lawsuit in Connecticut, it's a good idea to consult a personal injury attorney. Wrongful death claims can be complicated. An attorney with experience handling these kinds of cases should be able to learn the details of your situation, explain your legal options, and help you decide how to proceed.