State wrongful death guide
Connecticut Wrongful Death Law Guide
In Connecticut, wrongful death claims must be filed by the estate’s executor or administrator within two years, with possible recovery for economic loss, pain and suffering, and the loss of life’s enjoyment.
Quick facts for Connecticut
- Who can file: Connecticut law requires that a wrongful death action be brought by the executor or administrator of the deceased person’s estate. Family members do not file individually, but they may ultimately receive the benefit of any recovery through the estate.
- Deadline to file: Connecticut requires most wrongful death actions to be filed within two years of the date of death and no more than five years from the date of the underlying act or omission.
- Key statute: Conn. Gen. Stat. § 52-555
Types of compensation families may pursue
- Lost earning capacity reduced by personal living expenses
- Medical and hospital expenses related to the final injury
- Funeral and burial expenses
- Conscious pain and suffering before death
- Destruction of the decedent’s capacity to enjoy life
- Punitive damages (limited by statute)
Connecticut does not cap compensatory wrongful death damages. Punitive damages are allowed but limited to litigation expenses, including attorney’s fees.
Connecticut wrongful death law: a guide for grieving families
Losing someone suddenly can leave you overwhelmed—emotionally and financially. Connecticut’s wrongful death law is meant to help families recover the financial and human losses tied to a preventable death, but the rules can feel technical when life already feels impossibly heavy.
This guide explains who can file, what damages are available, and important deadlines under Connecticut law in compassionate, plain-English terms.
1. What counts as “wrongful death” in Connecticut?
Under Conn. Gen. Stat. § 52-555, a wrongful death occurs when someone’s negligence, recklessness, or wrongful act causes a death, and the person could have sued for injuries had they survived.
Common examples include:
- Fatal car or truck crashes
- Medical negligence or surgical errors
- Nursing home neglect
- Dangerous premises
- Defective consumer or industrial products
The claim is civil, not criminal, even when criminal charges may also be involved.
2. Who files the lawsuit?
Connecticut requires the suit to be filed by the executor (if there is a will) or administrator (if there is not). Family members cannot individually file their own wrongful death lawsuits. Instead, the estate pursues one unified claim, and any recovery is later distributed through the estate.
This approach keeps the process orderly, especially when multiple family members would otherwise want to participate directly.
3. What damages can families recover?
Connecticut permits a wide range of damages, including:
- Lost earning capacity (income the person would likely have earned)
- Medical expenses from the final illness or injury
- Funeral and burial expenses
- Conscious pain and suffering experienced before death
- Destruction of capacity to enjoy life — a unique category recognizing the loss of life’s pleasures
- Punitive damages, but only in the limited form allowed by statute (primarily litigation costs)
While no dollar amount replaces a life, these categories attempt to reflect the economic and human loss.
4. Are there damage caps?
Connecticut does not cap compensatory damages.
Punitive damages are available but strictly limited.
5. Filing deadlines
Most claims must be filed:
- Within two years of the date of death, and
- Within five years of the date of the wrongful act (an outer limit that cannot be extended)
These are two separate requirements, which means waiting too long—even if the death occurred recently—can bar the claim.
6. First steps for families
- Determine if there is a will and whether an executor is named
- Obtain the death certificate, medical records, and accident reports
- Gather receipts for medical and funeral expenses
- Speak with a Connecticut wrongful death attorney early to avoid timeline issues
You deserve space to grieve; an attorney’s role is to help carry the procedural burden.
7. Disclaimer
This guide is informational and does not constitute legal advice. Wrongful death law is technical, and outcomes depend heavily on the details of each situation.