Q What is the Connecticut wrongful death statute?
In Connecticut, the right to bring a personal injury claim for a death is permitted under the Connecticut Wrongful Death Statute. A wrongful death claim can be brough by the estate of the deceased. The representative of the estate is the actual plaintiff in a wrongful death case. In this sense the claim survives the death of the plaintiff. The plaintiff (his estate) can bring a claim for injuries, damages, medical, expenses, and funeral expenses.
The statute reads:
"In any action surviving to or brought by an executor or administrator for injuries resulting in death, whether instantaneous or otherwise, such executor or administrator may recover from the party legally at fault for such injuries just damages together with the cost of reasonably necessary medical, hospital and nursing services, and including funeral expenses."
The Connecticut Wrongful Death Statute is essentially a survivorship statute which means that the claim "survives" the death of the plaintiff.
Why do we have a Wrong Death Statute in Connecticut? At common law, there was a rule that said that if a plaintiff in a personal injury case died, then his case could no longer be brough. His case died along with the plaintiff. This common law rule is no longer the rule, and now we have (or our estate has) the right to bring a claim even after our death.
If you have any questions about a wrong death case in Connecticut, contact the wrongful death attorneys at The Bartinik Law Firm, P.C., 100 Fort Hill Road, Groton, Connecticut at 860-445-8521 or toll free at 888-717-4211.