Can a Wrongful Death Suit Be Filed at Any Time in Connecticut?
The short answer is “no.” On one hand, there is more to consider in a wrongful death suit than just a statute of limitations. On the other, there is a deadline that cannot be exceeded. In Connecticut, the executor or administrator of an estate has up to two years from the person’s death to file for wrongful death. However, there are some situations where that deadline is not possible.
When there are extenuating circumstances, the executor can have as long as five years to file. After that time, it is no longer valid. This is to help ensure when an executor doesn’t have all the information or doesn’t realize they can file for wrongful death, that there is still an opportunity to file for the damages they deserve. In these situations, it pays off to have a good, experienced attorney that has specific experience in dealing with wrongful death cases in Connecticut.
What is Wrongful Death?
A wrongful death claim is similar to a personal injury claim. The key difference is that the injury results in death and that the case is filed by an executor or administrator rather than the victim. These types of cases are commonly filed when a person or company has acted negligently, recklessly, or there is proof their intentional behavior caused a death or injury that led to death.
Pursuable Damages in Wrongful Death Cases
The damages from this type of claim are paid out to the estate of the deceased. The amount awarded depends on the jury, or judge when there is no jury, meaning awards can vary greatly. The categories of damages include:
- Medical expenses related to the illness or injury that led to death.
- Funeral and burial expenses.
- Lost earning capacity.
- Conscious pain and suffering before death.
- Loss of capacity to “enjoy life’s activities.”
Not all damages are linked to earning capacity under Connecticut law. The Connecticut Supreme Court found that some damages are pursuable for the death itself, even when instantaneous.
If your loved one has passed away due to the negligence of another, you need legal representation to suit your needs. Contact our Connecticut wrongful death lawyers at Jonathan Perkins Personal Injury Lawyers today to find out how we can help.