Losing a loved one due to someone else’s actions can change a family’s future. Under Connecticut law, grieving families are allowed to file a wrongful death claim under certain circumstances. A Hamden wrongful death lawyer can represent a grieving family and manage their claim. In situations involving serious injuries before death, a Hamden personal injury lawyer may also be able to help review the full scope of the case.
Jacobs & Jacobs offers initial consultations to families across Hamden and the surrounding areas. Our firm focuses on handling legal matters so grieving families can concentrate on healing.
In Connecticut, a wrongful death claim is a civil action filed by the executor of the deceased person’s estate. While the executor acts on behalf of the surviving relatives and beneficiaries of the estate, only the executor may file the case.
The state has strict deadlines for filing. Under Connecticut General Statutes Section 52-555, a claim must be filed within two years from the date of the person’s death. Additionally, no wrongful death claim can be filed more than five years after the act that caused the death, regardless of when the death occurred.
For example, if the incident happened in 2020, but the person died in 2023, the latest the claim could be filed would be 2025. Because of the statute of limitations, your claim could be dismissed if the deadlines are not met. Not only can acting quickly preserve any evidence related to the case, but it will also keep you in compliance with state law.
A wrongful death claim may be filed for any death caused by negligent, reckless, or intentional conduct. Some events that may lead to a wrongful death claim can include:
Families dealing with the sudden loss of a loved one should take the following measures to protect their legal rights:
The process begins by meeting with a wrongful death attorney who understands state law and Hamden court procedures. Your attorney can evaluate your specific situation to determine if a valid claim exists.
In Connecticut, only the executor or administrator of the deceased’s estate can file a wrongful death claim. An executor is listed in the deceased’s will. However, if no will exists, then the Connecticut courts will appoint an administrator.
Once an executor or administrator is named, your attorney can start a detailed investigation into the cause of their death. State law requires that the party at fault must be more than 50% likely to have caused the death of your loved one because of negligence.
After the evidence is compiled, your attorney can draft and submit a formal complaint to the New Haven Judicial District court. This document officially initiates the legal claim. It includes information about the deceased, the party believed to be at fault, and the compensation being pursued. Filing the complaint starts the official timeline, including deadlines for the opposing party’s response.
Like most cases, many wrongful death claims are resolved out of court through settlement discussions. During this phase, your attorney negotiates with the defendant’s insurance company or legal team, using the evidence gathered to argue for fair financial compensation.
If negotiations fall through or the other side has any disputes, the case may go to trial. A judge or jury will then hear the case and determine whether damages should be awarded and in what amount.
The case concludes, either through a negotiated settlement or a court verdict. Once a resolution is reached, the compensation is distributed in compliance with Connecticut law.
Most wrongful death claims in Connecticut are resolved before reaching trial. Settlement discussions begin once both sides have exchanged evidence. In Hamden, Connecticut, the court encourages pre-trial resolution. However, if liability is strongly disputed or damages cannot be agreed upon, the case may proceed to trial. Jacobs & Jacobs prepares each case for trial from the beginning in case settlement talks do not succeed.
Settlements are based on financial and non-financial losses. Financial losses include medical bills, lost income, and funeral costs. Non-financial losses include pain and suffering and loss of life’s enjoyment. Courts also consider the age, health, and earning potential of the deceased. In some cases, financial professionals project the future income and services the person would have provided. Some settlements are paid as a lump sum, while others are structured over time.
If a wrongful death claim is not successful, the estate typically does not receive compensation. Depending on the circumstances, you could appeal the decision if legal errors influenced the outcome. Families might also explore alternative options, such as settlement negotiations or filing a separate legal malpractice claim if prior representation was inadequate. While a court loss is difficult, it does not erase the significance of your loved one’s story or your right to continue seeking accountability.
Unlike some states, Connecticut does not allow family members to file wrongful death claims unless they are the executor of the deceased’s estate. Connecticut law only allows the estate’s legal representative to initiate the claim. However, siblings may be beneficiaries of the estate and could receive compensation if the claim is successful. Jacobs & Jacobs works with Hamden families to make sure the right party is appointed through probate.
If your loved one’s death occurred in Hamden because of someone else’s actions, contact Jacobs & Jacobs to learn more about your legal rights under Connecticut law. Our firm offers consultations to those in Hamden and the surrounding areas.