In Connecticut, the average settlement for wrongful death lawsuits varies widely depending on the type and extent of damages suffered, household financial contributions, available evidence, liability determination, and legal counsel. Every case is unique and requires a personalized approach to developing a case strategy and assessing damages.
Our Connecticut wrongful death lawyers will discuss the different factors that can affect your wrongful death claim and what you can do to maximize your settlement value.
Recoverable Damages Determine a Significant Portion of Your Wrongful Death Settlement
Wrongful death damages are unique to each case. Since a wrongful death lawsuit aims to recover damages associated with your loved one’s death, the value of your settlement is largely determined by these damages.
Economic Damages for a Wrongful Death Claim
Economic losses for wrongful death address actual financial losses you sustained because of your loved one’s passing. These damages may include:
- Funeral expenses and costs for burial
- Medical bills from treatment before they passed
- Income contributions to your family or household
Non-Economic Damages in a Connecticut Wrongful Death Lawsuit
Non-economic losses in a wrongful death claim refer to the subjective effects of your loved one’s injuries and passing. You could recover financial compensation for these damages, which may include the pain and suffering your loved one experienced before they passed, as well as your own emotional and mental distress.
CT Gen Stat § 52-555a also allows the spouse of the deceased person to recover compensation for loss of consortium. Although this is a separate legal action from the wrongful death claim, CT Gen Stat § 52-555b states that the claim must be combined with wrongful death proceedings since both claims deal with the same facts and legal matters.
Loss of consortium claims seek compensation for the spouse’s loss of society, affection, moral support, household services, sexual relations, and companionship.
Wrongful Death Claims vs. Survival Actions
Families are often surprised to learn that a wrongful death claim isn’t always the only legal action available. Connecticut also recognizes survival actions, which allow the deceased person’s estate to recover damages for the injuries and losses your loved one personally experienced between the incident and their passing — separate from the losses the family experiences afterward.
This can include the pain your loved one endured, their own medical expenses, and lost income from the time of the injury until they passed away. In many cases, a survival action and a wrongful death claim are pursued together, since both arise from the same set of facts but compensate for different losses. Because the two claims can affect your family’s recovery differently, it’s worth discussing both with an attorney early in the process.
Dangerous Driving Damages for Wrongful Death Cases
Per CT Gen Stat § 14-295, wrongful death claims that arise due to reckless or deliberate dangerous driving can potentially be subject to double or triple damages. This typically applies to conduct such as driving under the influence, street racing, or fleeing the scene of an accident.
That means that if the deceased person passed away in a motor vehicle accident because of someone else’s negligent driving, victims can receive two to three times as much for compensatory damages.
Who Can File a Wrongful Death Claim in Connecticut?
The amount you can recover for a wrongful death claim depends on your relationship with the deceased person and the disbursement of funds in accordance with their will. Connecticut law is specific about who can file a wrongful death lawsuit.
The victim’s close relatives are not permitted to file a wrongful death claim. Instead, the deceased person’s executor or personal representative must file the lawsuit for compensation. The deceased person’s will should name their executor, but if there is no will or other documentation designating a representative, the court will appoint one. If your loved one passed away without a will, Connecticut’s intestacy laws determine who is entitled to receive a share of the settlement, typically prioritizing a surviving spouse and children before other relatives.
After you complete the claim, the final settlement goes to the deceased person’s estate and is distributed to the victim’s heirs or beneficiaries.
Liability Laws Can Diminish the Value of Connecticut Wrongful Death Claims
According to CT Gen Stat § 52-572h, damages recovered for wrongful death may be diminished if the victim shared liability for the incident that led to the incident that caused their death. The victim’s share of damages is based on the percentage of negligence shared.
For example, if a pedestrian was crossing outside a crosswalk when a speeding driver struck them, an insurance company might argue the pedestrian shares some responsibility for the accident. If a court determines the deceased person was 20% at fault, the family’s recoverable damages would be reduced by that same percentage.
Unfortunately, the liable parties could try to place unfair blame on the deceased in an attempt to avoid paying wrongful death damages or reduce what they owe the surviving family. Liability and negligence determination in Connecticut are complex, so you should consult with a wrongful death attorney to understand how these laws may affect your claim value.
Most Wrongful Death Claims Are Resolved Through Negotiation, Not Trial
Many families assume a wrongful death claim will end up in a courtroom, but most cases are actually resolved through negotiation with the insurance company or the at-fault party’s legal representation. Once liability and damages are well-documented, a settlement often allows families to receive compensation without the additional time, cost, and uncertainty a trial can involve.
That said, not every case settles on fair terms. If an insurance company refuses to offer an amount that reflects the true extent of your loss, or disputes liability altogether, taking the case to trial may be the only way to secure appropriate compensation. A wrongful death attorney will typically pursue a negotiated settlement first, while preparing the case as though it may need to go before a jury, so your family isn’t left with a weaker position if negotiations stall.
Whether a case settles or proceeds to trial often depends on how clearly liability has been established, how significant the damages are, and whether the parties involved are willing to negotiate in good faith.
Timely Legal Filing is Crucial for Securing Wrongful Death Damages
Connecticut’s statute of limitations for filing a wrongful death claim is typically two years from the date of death, but some circumstances could change this limit. The time limit can vary depending on the details of the case, so you benefit from speaking with an attorney from our team right away. If you miss the deadline to file a wrongful death lawsuit, you could lose the chance to recover damages.
Legal Representation Can Work to Maximize the Value of a Wrongful Death Settlement
Grief has a way of making even simple tasks feel impossible, and a wrongful death claim is anything but simple. A wrongful death lawyer can carry that weight for you — assessing the full extent of your loved one’s damages, tracking down evidence before it disappears, and building a case that accounts for every loss your family has experienced, not just the ones that are easy to put a number on.
That work often extends beyond what most families realize. Our Connecticut personal injury attorneys know how to reconstruct what happened using police reports, medical records, and witness accounts, and how to work with medical and economic experts who can speak to the true financial and emotional toll of your loss. We also know how insurance companies evaluate wrongful death claims, and how to push back when an insurer tries to undervalue what your family is owed.
Most importantly, our team tracks every deadline and requirement along the way, so a missed filing or overlooked step never becomes the reason your family doesn’t receive the compensation you deserve.
A Wrongful Death Lawyer Can Help On a Contingency Fee Basis
We understand how financially devastating the loss of a loved one can be. Our wrongful death attorneys offer free consultations to review your case and explain your legal options. That assistance comes at no upfront cost to you, so you don’t have to worry about retainers or litigation costs.
Our wrongful death attorneys also work on a contingency basis, which means they take payment from a final settlement or verdict in your favor. While you take the time you need to cope with your loss, your legal team handles all communication, evidence gathering, legal filings, and representation.
Our Connecticut Wrongful Death Lawyers Are Ready to Help Your Family
Losing a loved one because of someone else’s negligence is a loss no family should have to carry alone, and pursuing accountability for that loss shouldn’t have to compete with the time your family needs to grieve. At Trantolo & Trantolo, we’ve spent more than 85 years standing beside Connecticut families through some of the most difficult moments of their lives, and we bring that same experience and care to every wrongful death claim we take on.
From your first conversation with our team, you’ll work with a dedicated group of attorneys committed to uncovering the full extent of your loss and pursuing every available source of compensation. We keep families informed at each step, answer questions honestly, and handle every case with the preparation and resources it takes to hold negligent parties accountable. Contact Trantolo & Trantolo today for a free consultation.
