In Connecticut, only the executor or administrator of the decedent’s estate can file a wrongful death lawsuit; the recovery is paid to the estate for distribution to eligible heirs, and a surviving spouse may also bring a separate loss-of-consortium claim. Justia Law+1Findlaw
Who Can Sue for Wrongful Death in Connecticut?
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Who files: The executor or administrator of the estate (not individual family members) brings the lawsuit under C.G.S. §52-555. Justia Law
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Who benefits: Any money recovered goes to the estate and is then distributed by will or, if no will, by Connecticut’s intestacy rules (C.G.S. §45a-448). Findlaw
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Separate spousal claim: A surviving spouse may file an independent loss-of-consortium claim related to the death (C.G.S. §§52-555a–c). Justia Law+1
Who can bring the case (standing)
Only the personal representative—the estate’s executor (named in a will) or administrator (appointed by the Probate Court)—has standing to sue for wrongful death in CT. Family members do not file directly. Justia Law
Why this matters
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Keeps all claims in one action, avoids conflicting lawsuits, and ensures court-supervised distribution through the estate. Findlaw
Who receives the money
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All damages recovered are paid to the estate, then distributed per the will, or if there is no will, under intestacy (CT Probate Code). Courts also ensure proper payment of last illness/funeral expenses and claims before distribution. (C.G.S. §45a-448). Findlaw
Spousal & children’s related claims (important distinctions)
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Spouse (loss of consortium): A surviving spouse can bring a separate and independent claim for loss of consortium due to the death, typically joined with the estate’s wrongful death case; the claim follows the same filing deadline as the death action. (C.G.S. §§52-555a–c). Justia Law+1
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Children (parental consortium): CT recognizes minor children’s loss-of-parental-consortium claims for the period between the parent’s injury and the child’s age of majority, but not for post-death loss; this doctrine arose in Campos v. Coleman and is derivative and subject to strict limits. Connecticut Judicial Branch
Filing deadline (statute of limitations)
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General rule: File within 2 years of the date of death, and no more than 5 years from the act/omission (statute of repose). (C.G.S. §52-555(a)). Justia Law
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Special homicide exception: If the at-fault party is convicted (or found not guilty by reason of mental disease/defect) of specified homicide offenses, an action may be brought at any time. (C.G.S. §52-555(b)). Justia Law
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Spousal consortium timing: Must be filed within the same time allowed for the wrongful death action; it’s contingent on proving the underlying death claim. (C.G.S. §52-555c). Justia Law
What damages are available in CT wrongful death
Recoverable “just damages” can include the decedent’s conscious pain and suffering, loss of life’s enjoyment, medical and nursing/ hospital expenses, funeral expenses, and lost earning capacity (less personal living expenses), all measured from the decedent’s standpoint. (C.G.S. §52-555 and notes). Justia Law
Practical steps
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Open/confirm the estate and appoint the executor/administrator.
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Investigate liability, causation, insurance, and damages.
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File the wrongful death action within the statutory window; join the spouse’s consortium claim if applicable. Justia Law+1
Rodie & Rodie can help
We handle the Probate, investigation, filing, and litigation, and coordinate distribution so eligible heirs receive funds pursuant to CT law and the will. (Free consultation.)
FAQs
Who files a CT wrongful death claim?
The estate’s executor or administrator files; not individual family members. Justia Law
Do spouses and children get paid directly?
Not from the lawsuit itself—the recovery goes to the estate and is then distributed via will or intestacy; a spouse may also recover loss-of-consortium damages in a separate, joined claim. FindlawJustia Law+1
What’s the deadline to file?
Generally 2 years from death and no more than 5 years from the act/omission; special homicide exceptions apply. Justia Law
Can children sue for loss of parental consortium after a parent’s death?
CT allows minor children to claim parental consortium for the injury-to-majority period, but not post-death loss; limits and joinder rules apply. Connecticut Judicial Branch