Can RisCassi and Davis, P.C. help an executor or administrator of an estate assess whether there is a potential Connecticut wrongful death case for their decedent?
Yes, we have often helped executors or administrators determine whether to pursue a wrongful death action under Connecticut law.
If you have been appointed executor or administrator of an estate of someone who recently died in Connecticut, you probably have many tasks to carry out in the administration of the probate estate. You may have heard that a wrongful death claim, if one exists, should be listed as an asset of the estate on the inventory. If you suspect that someone else may have been legally responsible for the death of the decedent, you should consult an attorney with respect to the potential claim.
Many such executors and administrators have come to RisCassi and Davis, P.C., asking for our assistance in determining whether there may be a wrongful death claim for an accident or medical malpractice. We work with the executor or administrator to gather relevant records and make an assessment as to whether there is a case that we would be willing to pursue.
Just as there are statutes of limitations for personal injury claims in Connecticut, there is also a statute of limitations for wrongful death claims, which is set forth in Section 52-555 of the General Statutes. As of this writing, in February, 2004, the limitations period requires that any wrongful death claim be brought within 2 years of the date of death.
In some circumstances, suit must be brought even sooner than two years after the date of death. As one example, a law suit must also be brought within five years of the act or omission complained of, even if that would make the limitations period shorter than two years from death. Certain claims, including, but not limited to, certain claims against the State of Connecticut, municipalities, and other defendants, and certain statutory causes of action, including dram shop claims against liquor sellers, may have shorter limitations or notice periods. Not all of the complexities can be covered here. The best advice is to consult a reputable attorney as soon as practicable, if you suspect that the decedent's death was a wrongful death.
Although this page has addressed inquiries from executors and administrators, many times, we are instead contacted first by family members or next of kin, right after a death, before the probate court has even appointed any executor or administrator.
Call us at 800.344.5297 or contact us online to discuss your legal options.
