Your Trusted Personal Injury Lawyers in Waterford, CT
When a loved one dies because of another person’s negligent behavior, family members are left in shock, wondering what to do next. A wrongful death lawsuit is seldom the first thing they think of. However, Connecticut’s strict rules about who can file and how long you have mean you must move quickly, even if you are still coping with your grief.
At Polito & Harrington Personal Injury Law, we understand that the Waterford wrongful death statute of limitations is confusing. Our wrongful death attorneys are here to help you understand the legal requirements and file any legal actions necessary with a minimum of intrusion.
A statute of limitations is how long a plaintiff has to bring a case against another party. These statutes prevent cases from lingering for years or decades while evidence vanishes. In Waterford wrongful death cases, there are two important limiting dates.
Connecticut General Statutes § 52-555 states that a case for damages following a wrongful death must be brought within two years of the date of the person’s death. The statute also states that no case may be brought “more than five years from the date of the act or omission complained of.”
In simpler terms, this means that:
In Connecticut, only a decedent’s executor or personal representative can file a wrongful death claim. This adds an additional layer of urgency to your filing. If your family member did not leave a will, you must petition the court to appoint an executor or representative to file the claim. This could take several months.
Suppose your loved one dies on January 1, 2025. You have until January 1, 2027, to file a wrongful death claim. However, suppose the reason they died was an injury suffered in an industrial accident in 2021. Now you only have until 2026 to file, because the claim must be filed within five years of the action resulting in their death. Instead of two years, you only have one.
Sometimes this works the other way. If your family member dies in 2025, but later information reveals it was due to an industrial accident in 2023, you may still be able to file, as long as the five-year deadline has not expired. You must be able to prove that the injury resulted in their death, and that it has not been five years since the inciting action. A Waterford attorney could help you understand how the relevant statutes of limitation apply to your wrongful death case.
The strict requirements of the Waterford wrongful death statute of limitations mean that if you miss them, you cannot file any wrongful death claim for your loved one. You need legal assistance from a skilled wrongful death attorney immediately.
At Polito & Harrington, we know that this is a difficult time for you. We are prepared to help you deal with the complex details of helping your executor file a wrongful death claim, dealing with insurance agents, and getting you and your loved one the justice they deserve in your claim. Call us for a free, confidential consultation today.
We are committed to provide personalized attention to each and every client’s case – no matter how large or small– because that is each client’s only case. We are proud of our firm’s reputation of combining integrity and compassion with an unflinching dedication to getting the right result. We will do what we say.
