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What are a Person’s Rights in a Wrongful Death Case?

If a loved one dies because of someone else’s negligence, recklessness, carelessness or other unreasonable action, Connecticut law provides for legal recourse. You can consult attorneys for help with filing a lawsuit.

Connecticut has an interesting legal concept that applies to wrongful death. The concept is that if the deceased person had lived and could sue for injury damages, then that right to sue continues for the individual’s personal representative after the individual’s death. This legal idea arises out of the Connecticut Survival of Civil Actions Statute § 52-599. The survival action applies to cases for both plaintiffs and defendants in the following ways:

  • The personal representative has six months to file a lawsuit to pursue damages that the decedent had the right to pursue if he or she had lived
  • If the party subject to the lawsuit dies, the plaintiff may pursue the action replacing the personal representative for the decedent in the action

Either way, injury lawsuits survive a person’s death. Connecticut also has a wrongful death statute that allows executors or administrators to recover damages against parties whose actions resulted in the individual’s death. They can recover damages for necessary medical, hospital and nursing services and funeral expenses. Limitations for filing a cause of action for a wrongful death lawsuit are two years after the decedent’s death or five years after the decedent’s injury date.

A lawyer can evaluate the prospects for a wrongful death case and help you file a lawsuit, or defend against a wrongful death action if you are the subject of a lawsuit.

Coyne, Von Kuhn, Brady & Fries, LLC brings decades of legal experience to every case we handle and is committed to obtaining favorable results for our clients.

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