Short answer. In Connecticut, only the estate’s executor or administrator can sue for a wrongful death, not relatives on their own. The suit is generally due within two years after the death, and no later than five years after the act that caused it, under CGS 52-555. A spouse may also have a separate claim for loss of consortium.
Losing someone in a crash brings grief, paperwork and decisions all at once. This guide covers the legal side so it’s one less unknown.
Who brings the claim
CGS 52-555 gives the right to sue to the executor or administrator. If the person had a will naming an executor, that person usually acts once the probate court approves. If there was no will, a family member typically asks the probate court to be appointed administrator. The Hartford Probate Court handles estates for people who lived in Hartford.
The estate’s representative controls the case and any settlement. Money recovered is distributed under the will or Connecticut’s intestacy law, and the probate court may need to approve a settlement.
What the estate can recover
The statute allows just damages, together with the cost of reasonable and necessary medical, hospital and nursing services, and funeral and burial expenses. In practice, Connecticut courts have recognized several kinds of loss.
- Medical expenses from the crash to the time of death.
- Funeral and burial costs.
- Lost earning capacity over the person’s expected working life, less personal living expenses.
- Conscious pain and suffering before death.
- The destruction of the person’s ability to carry on and enjoy life’s activities.
A surviving spouse may bring a separate loss of consortium claim for the loss of companionship. Connecticut also allows some claims by minor children for loss of parental consortium. A lawyer can explain which of these apply.
Deadlines
The two-year clock usually starts on the date of death, with an outer limit of five years from the crash itself. When a town or the State is involved, such as a road defect or a State vehicle, a written notice may be due much sooner. Highway defect claims under CGS 13a-149 require notice within 90 days. See claims against towns and the State.
Fault and extra damages
The estate’s recovery is reduced if the person who died shared fault, and it’s blocked if their share is greater than the defendants’ combined share, under the comparative fault rule. When the at-fault driver was drunk, racing or recklessly speeding, double or treble damages under CGS 14-295 may be available. See double and treble damages.
Insurance
A fatal crash usually exceeds Connecticut’s $25,000 minimum per person. Look also at any umbrella policy the driver had, coverage from an employer if the driver was on the clock, and the deceased person’s own underinsured motorist coverage. See our UM and UIM guide.
Victim compensation
If the death resulted from a crime, such as a drunk driving or hit-and-run crash, the family may also apply to the Judicial Branch’s Office of Victim Services. Survivor benefits can reach $25,000, with funeral costs up to $6,000. The application generally must be filed within three years, and the crime must have been reported to police. Call 1-888-286-7347 for help.
First steps for a family
- Get several certified copies of the death certificate.
- Request the police report and ask whether a criminal case is pending.
- Keep receipts for funeral, burial and medical costs.
- Talk with a lawyer about opening the estate in probate court.
- Avoid signing releases from any insurer before the estate has a representative.
Reports, compensation and the shorter periods around a death claim
Ask for the police report number during that week, then request the Hartford Police copy at 253 High Street, at (860) 757-4150, if that agency responded, using the hours and 50-cent copy fee on the official report page, or follow the official process of the agency that actually came to the scene. Those documents, and the names of the witnesses and occupants at the scene, are harder to collect after a funeral.
A death claim is brought by an executor or administrator under CGS 52-555, generally within two years from death and no more than five years from the act, for just damages plus medical, hospital, nursing and funeral costs. The ordinary injury period in CGS 52-584 is a different clock and can matter if the decedent would already have been running out of time. A 90-day road-defect notice under CGS 13a-149 or CGS 13a-144 can expire while probate is still being organized.
The Office of Victim Services generally allows three years to apply, with a police report, and may pay up to $15,000 for physical injury, $25,000 for a survivor and $6,000 for funeral costs. Call 1-888-286-7347. That program does not stand in for the civil filing. Ordinary liability minimums are $25,000 for injury or death of one person and $50,000 for one crash, plus $25,000 for property damage. Funeral costs and lost support can climb past those figures, which is why UIM coverage and a complete insurer list belong in the first-week file. Comparative fault still applies under CGS 52-572h. Hartford Superior Court is at 95 Washington Street, at (860) 548-2700. Keep the official report, the funeral invoices and the estate paperwork in one folder.
Questions to ask a lawyer
- Who should serve as administrator, and how long does appointment take?
- What insurance is available beyond the at-fault driver’s policy?
- Does a criminal case affect timing or evidence in the civil claim?
General information only, not legal advice.