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

On Behalf of | Dec 19, 2024 | Wrongful death |

Losing someone you love is devastating, especially when it happens due to someone else’s negligence. It is understandable that you need the time to mourn and be with your other loved ones. However, it is also crucial to understand there are time limits for seeking justice and compensation for a wrongful death.

If you miss the deadline, you can no longer file a wrongful death claim—no matter how strong your case is.

Time limits for wrongful death claims

In Connecticut, you need to file a wrongful death lawsuit within two years from the date that your loved one died. This time frame is known as the statute of limitations. Acting promptly gives you more time to gather evidence, interview witnesses and build a strong case before the deadline expires.

Special circumstances and exceptions to the rule

Take note that different rules may apply depending on who caused your loved one’s death. These include:

  • Claims against government entities require filing a notice within six months
  • Cases involving criminal acts might extend the filing deadline
  • Minor children may receive extended time to file after turning 18

You may also get an automatic 90-day deadline extension in medical malpractice cases. You just need to request the court for more time to gather information for your case before filing.

What happens if you miss the deadline

Missing the two-year deadline usually means losing your right to seek compensation permanently. However, the “discovery rule” may allow you to seek justice beyond the two-year limitation.

The discovery rule applies in cases where the cause of death wasn’t immediately deemed or recognized as wrongful. Such as:

  • You discover new evidence about the cause of death
  • The at-fault party concealed their role in the death

In these cases, the two-year limitation would start from the date you discovered the wrongful cause of death instead.

Taking action now protects your future rights

Time matters when pursuing justice for your loved one’s wrongful death. Though grieving takes priority, pursuing justice and rightful compensation for the death of your loved one requires prompt action. Working with an experienced Connecticut wrongful death attorney may help you ensure you meet all filing deadlines and explore potential exceptions that might apply to your case.