Stamford Wrongful Death Lawyer

Losing a family member to someone else’s negligence leaves grief and a set of legal questions running at the same time. Connecticut answers those questions differently from most states. The claim belongs to the estate rather than to the family, the money is distributed through the will, and children cannot recover for the loss of a parent. Jacobson Injury Firm represents families across Fairfield County in these claims.

Attorney Adam Jacobson is licensed in Connecticut and handles every case personally. Contact us today for a free consultation.

The Claim Belongs to the Estate, Not the Family

Under Connecticut General Statutes section 52-555, a wrongful death action is brought by the executor or administrator of the deceased person’s estate. A spouse, a parent, or a child does not file their own claim. One representative brings one action on behalf of the estate.

That usually means someone has to be appointed first. Where the deceased person left a will naming an executor, that person applies to serve. Where there was no will, the Probate Court appoints an administrator. Probate matters for Stamford residents proceed through the Connecticut Probate Courts. Getting the appointment made early keeps the claim moving, and it is a step families rarely anticipate while arranging a funeral.

The consequence that surprises people most concerns where the money goes. Connecticut follows an estate model. Any recovery is distributed according to the deceased person’s will, or under Connecticut’s intestacy rules where there was no will. It is not divided according to who grieves most or who depended on the person most. A will written years ago, naming people the family may not expect, controls the distribution. Understanding who takes under the will, or under intestacy, is part of evaluating the claim before it is brought.

Children Cannot Recover for the Loss of a Parent

This is the single most consequential and most misunderstood rule in Connecticut wrongful death law. In 2015, in Campos v. Coleman, the Connecticut Supreme Court recognized for the first time that a minor child may claim loss of parental consortium, meaning the loss of a parent’s care, guidance, and companionship. But the court limited that claim to cases where the parent is injured and survives.

Where the parent dies, the court held that the claim is barred. The wrongful death statute allows only a spouse to recover for the postmortem loss of consortium, under section 52-555a, and the legislature has not extended that right to children. The court noted that Connecticut could change this by statute, and it has not.

Families often assume children can recover for a parent’s death in Connecticut. They cannot, as a separate claim. What children can do is inherit from the estate’s recovery through the will or intestacy, and the estate’s damages include the value of the life that was lost. A surviving spouse can bring a separate consortium claim, and it must be joined with the estate’s action rather than filed separately.

What the Estate Can Recover

Connecticut measures wrongful death damages from the perspective of the person who died rather than from the family’s. Recoverable damages generally include the following, and there is no statutory cap on them.

• Reasonable medical, hospital, and funeral expenses.
• Pain and suffering the person experienced between the injury and death, which matters where death was not immediate.
• Lost earning capacity over the person’s expected working life, calculated net of what they would have spent on their own living expenses. An economist is usually needed, and this figure is frequently the largest single component.
• The loss of life itself and the destruction of the capacity to carry on and enjoy life’s activities, which Connecticut recognizes as a distinct element.

Two further claims may sit alongside the estate’s. A surviving spouse may recover for loss of consortium. And a close family member who witnessed the death, outside the medical malpractice context, may in some circumstances bring a claim for bystander emotional distress.

Two Years From Death, Five Years From the Act

Section 52-555 sets two limits. The action must be brought within two years of the date of death, and in no event more than five years from the act or omission that caused the death. The second limit matters where someone was injured and survived for a period before dying, because the five-year clock started at the injury.

Shorter deadlines apply in specific situations. A claim against a municipality for a highway defect under section 13a-149 requires written notice within 90 days. A claim against a bar or restaurant that served an intoxicated driver, under the Dram Shop Act, requires written notice within 180 days of a death and suit within one year of the sale, and it is capped at $250,000. Because the estate usually has to be opened before the claim can proceed, waiting until close to any of these deadlines creates real risk.

Why Choose Jacobson Injury Firm for Your Stamford Wrongful Death Claim?

Licensed in Connecticut, With the Attorney Handling Your Case

Adam Jacobson holds an active Connecticut license and practices in Connecticut, New York, Florida, and Illinois. Wrongful death claims turn on the estate structure, the distribution rules, and the specific damages Connecticut allows, before they turn on fault. Claims in Stamford proceed through the Connecticut Judicial Branch in the Stamford-Norwalk judicial district.

Demonstrated Results for Injured Clients

The firm has recovered millions of dollars for clients in serious injury matters. Our client reviews describe how the firm communicates through difficult cases, which matters more here than in most.

No Attorney Fees Unless You Recover

Wrongful death claims run on a contingency fee. Nothing is owed at the outset, we advance case costs including economist and expert fees, and no recovery means no fee.

Key Components of a Stamford Wrongful Death Claim

Establishing Negligence

The claim requires proof that the death resulted from negligence, a wrongful act, or default. The elements mirror any injury case, but the evidence matters more because the person who could describe what happened is gone. Reconstruction, scene documentation, witness accounts, and records carry the weight their testimony would have.

Connecticut’s 51 Percent Bar

Section 52-572h applies to wrongful death claims as it does to injury claims. If the deceased person is found partly responsible, the estate’s recovery is reduced by that percentage, and it is barred entirely if their share exceeds 50 percent. Insurers raise this in fatal crashes, particularly where no witness can contradict their version.

Multiplied Damages in Fatal Crashes

Where a death resulted from a crash, section 14-295 permits double or treble damages if the driver deliberately or with reckless disregard violated a listed traffic statute, such as speeding, driving under the influence, or hand-held phone use, and that violation substantially caused the death. It must be specifically pleaded, and the multiplied portion comes from the driver personally rather than from an insurer.

Locating Every Source of Coverage

Connecticut’s minimum liability coverage is $25,000 per person, which is inadequate for almost any death claim. Uninsured and underinsured motorist coverage under section 38a-336 is frequently the real source of recovery, and Connecticut requires it at limits equal to liability coverage unless rejected in writing. Household policies, employer coverage, vehicle owner liability, and dram shop claims may each add to it.

The Collateral Source Reduction

Under section 52-225a, economic damages are reduced by amounts paid from collateral sources such as health insurance, less the premiums paid. Non-economic damages are not reduced. This affects what the estate ultimately receives and needs handling alongside the claim.

Medical Malpractice Deaths

A death caused by medical negligence proceeds under the same wrongful death statute, with an added requirement. Before suit, section 52-190a requires a written opinion from a similar health care provider that there appears to be evidence of negligence, along with a good faith certificate. Connecticut does not impose the kind of restriction some states place on which family members may recover in malpractice deaths, but the pre-suit opinion requirement takes time and has to be started well before the deadline.

“Excellent service and results. Attorney Jacobson was professional, responsive, and truly cared about my case. They explained everything clearly and delivered great results.”

Isaac M.

Wrongful Death Claims We Handle in Stamford

Fatal Traffic Collisions

Crashes on I-95, the Merritt Parkway, Route 1, and Washington Boulevard account for a large share of preventable deaths in the area. We handle fatal car, truck, motorcycle, and rideshare collisions, and crash data is published through the Connecticut Crash Data Repository.

Pedestrian and Bicycle Deaths

People on foot and on bicycles have no protection, and fatal strikes concentrate downtown and on wide corridors. See our pedestrian and bicycle pages for the Connecticut rules that apply.

Impaired Driving Deaths

A death caused by a drunk driver can support both a claim against the driver and a claim against the establishment that served them, each with its own deadline. See our DUI accident page.

Medical Negligence

Diagnostic failures, surgical errors, and medication mistakes cause preventable deaths, subject to the pre-suit opinion requirement described above.

Workplace and Construction Deaths

Workers compensation usually bars a claim against the employer, but a third party such as a subcontractor, equipment manufacturer, or property owner may still be liable.

Premises and Drowning Deaths

Inadequate security, unguarded pools, structural failures, and falls on unsafe property can support claims against owners and managers.

Defective Products

Faulty vehicle components, dangerous machinery, and unsafe consumer goods can bring liability for a manufacturer or seller. Browse all practice areas and the communities we cover on our areas we serve page.

What to Do After a Death Caused by Negligence

• Locate the will if one exists. It names the executor who will bring the claim and controls where any recovery goes.
• Request the police report, incident report, or medical records, or ask a lawyer to obtain them.
• Preserve anything connected to the incident, including the vehicle. Physical evidence is often released, repaired, or destroyed within weeks.
• Identify nearby cameras immediately, and note whether a road defect or a bar was involved, because those claims carry deadlines of 90 and 180 days. A road defect claim against the City of Stamford runs on the shorter one.
• Do not sign anything from an insurer, and give no recorded statement. Where a crime was involved, the Connecticut Office of Victim Services can assist the family.
• Keep receipts for funeral costs, medical bills, and other expenses the family has covered. They are recoverable and frequently forgotten.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Connecticut?

Only the executor or administrator of the deceased person’s estate. Family members do not file individually. Where there is a will, the named executor applies to serve. Where there is no will, the Probate Court appoints an administrator. The representative brings a single action on behalf of the estate.

Can children recover for the death of a parent in Connecticut?

Not as a separate claim. The Connecticut Supreme Court recognized in 2015 that a minor child can claim loss of parental consortium, but only when the parent is injured and survives. Where the parent dies, that claim is barred. Children can still inherit from the estate’s recovery through the will or intestacy.

Who receives the money from a wrongful death settlement?

Connecticut follows an estate model, so any recovery is distributed according to the deceased person’s will, or under the state’s intestacy rules if there was no will. It is not divided by who depended on the person most. An older will can produce a distribution the family does not expect.

Can a surviving spouse bring a separate claim?

Yes. A spouse may recover for loss of consortium, meaning the loss of companionship and support. That claim must be joined with the estate’s wrongful death action rather than filed separately.

How long do I have to file a wrongful death claim in Connecticut?

Two years from the date of death, and in no event more than five years from the act or omission that caused it. Claims against a municipality for a road defect require notice within 90 days, and claims against a bar under the Dram Shop Act require notice within 180 days of death and suit within one year.

What damages can the estate recover?

Medical and funeral expenses, pain and suffering between the injury and death, lost earning capacity net of the person’s own living expenses, and the loss of life and of the ability to enjoy life’s activities. Connecticut places no statutory cap on these damages.

What if my family member was partly at fault?

The estate’s recovery is reduced by the deceased person’s percentage of responsibility and barred entirely if it exceeds 50 percent. Insurers raise this in fatal crashes, especially where no one can contradict their account.

Does Connecticut limit wrongful death claims for medical malpractice?

Connecticut does not restrict which family members may recover in malpractice deaths the way some states do. It does require a written opinion from a similar health care provider before suit is filed, which takes time and should be started well before the deadline.

What if the driver who caused the death had minimal insurance?

Connecticut’s minimum is $25,000 per person, which is inadequate for a death claim. Uninsured and underinsured motorist coverage, household policies, employer coverage, vehicle owner liability, and any dram shop claim may each add to the recovery.

How much does a wrongful death lawyer cost?

Our firm works on a contingency fee, so nothing is owed at the outset and the fee comes as a percentage of any recovery. We advance case costs including economist and expert fees. If there is no recovery, no attorney fee is owed and the consultation is free.

Speak With a Stamford Wrongful Death Lawyer

An estate has to be opened before the claim can proceed, evidence is released or destroyed within weeks, and some deadlines run in months rather than years. Reaching out early costs nothing and keeps options open that close quickly. Consultations are free and you pay nothing unless we recover for your family. Call (561) 567-7163 or send us a message. Further reading is available on the firm blog.