All too often, the negligence, intentional actions and recklessness of people results in the death of others. This can be due to any number of incidents, including motor vehicle accidents, assaults or other types of accidents. Regardless of the cause, these types of sudden deaths can leave the loved ones who are left behind in not only grief-stricken, but also in a state of financial turmoil.
At Loughlin FitzGerald, we often hear from people who have experienced this type of loss, but are unsure of their rights and how to get the help they need. In this post, we will discuss the considerations for wrongful death claims in the state of Connecticut.
Under Section 52-555 of the Connecticut General Statutes, the decedents’ estate administrators or executors must file wrongful death claims. Generally, these types of actions are brought against people or companies when it is believed that their reckless, negligent or intentional actions resulted in decedents suffering fatal injuries. In cases when people die without leaving wills or estate plans, the court often appoints administrators or executors to handle the decedents’ affairs.
Generally, if a will or estate plan exists, Connecticut state law requires that any damages obtained through this type of legal actions be disbursed to beneficiaries in accordance with the will’s stipulations for the decedent’s estate. When a will or estate plan does not exist, damages are distributed based on the state’s intestacy laws. Depending on the circumstances in these cases, spouses, children, parents, and brothers and sisters may be entitled to a portion of the damages.
As is the case with many civil legal actions, the state of Connecticut imposes a statute of limitations for filing wrongful death claims. By law, this type of lawsuit must typically be filed no more than two years from the date of the decedent’s death.