An unexpected and sudden death of a loved one due to the negligence or recklessness of another person can be devastating. But although all family members feel the pain, not all of them have the right to be financially compensated for their loss. Connecticut law is highly specific in spelling out who is entitled to sue over a wrongful death.
Connecticut’s wrongful death statute gives a decedent’s personal representative, such as an executor or administrator, the right to pursue a claim on behalf of the estate. Specifically, the estate can be compensated for:
Expenses incurred before the person died, including medical and hospital bills, nursing care, funeral services and burial or cremation
Damages the deceased could have pursued if he or she had lived, including pain and suffering, lost earning capacity and loss of enjoyment of life
In addition, the decedent’s surviving spouse or civil partner has a right to bring a claim for loss of consortium. This claim allows recovery of monetary compensation for the loss of:
Society and companionship
The consortium claim must be combined with the estate’s wrongful death action.
Similarly, the minor children of the deceased have the right to bring claims for loss of parental support. Connecticut courts have ruled that children under age 18 are entitled to compensation for “the loss of love, care, companionship and guidance” caused by the wrongful death of a parent. If there is a spousal claim for loss of consortium, then the minor children’s claims will be combined with it.
Other than spouses, domestic partners and minor children, Connecticut law does not allow family members to file individual claims. However, if the estate’s wrongful death claim succeeds, the proceeds recovered will be distributed by the estate to those mentioned in the decedent’s will. If there is no will, then the proceeds will go to the spouse, children, parents or a combination thereof.
At Gesmonde, Pietrosimone & Sgrignari, L.L.C. our lawyers have successfully handled wrongful death claims stemming from auto accidents, medical malpractice and other incidents. We will treat you and your family with the utmost respect while aggressively pursuing the compensation to which you may be entitled. Call 203-745-0942 or contact us online to speak with an attorney in our Hamden or East Haven offices anytime.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
Attorney Advertising. This website is designed for general information only. The information presented at
this site should not be construed to be formal legal advice nor the formation of a lawyer/client
[ Site Map ]