What Is the Difference Between a Survival Action and a Wrongful Death Claim in CT?
Your loved one died from injuries sustained in an accident, and now you’re facing two completely different types of legal claims: New Haven wrongful death claims and survival actions. While both arise from the same tragic circumstances, they serve distinct purposes and compensate for different types of losses. Knowing the key differences between these claims can help you make informed decisions about pursuing justice for your family.
If you have lost a loved one, contact our wrongful death attorneys in New Haven to discuss your legal options today. Schedule a free consultation today.
What Is a Wrongful Death and When Can a Lawsuit Be Filed?
A wrongful death lawsuit seeks compensation for the losses you and other survivors have endured because of your loved one’s untimely passing. When someone dies due to another party’s negligence, medical malpractice, or intentional actions, Connecticut law allows the estate to pursue damages on behalf of the deceased’s beneficiaries.
You can recover several types of damages by filing a wrongful death lawsuit. These include:
- Funeral and burial expenses, which often create financial burdens during an already difficult time
- Your loved one’s lost income and future earning potential, addressing the financial support they would have provided throughout their expected lifetime
- The immeasurable loss of companionship, care, and guidance that survivors face
What Are Survival Actions and When Are They Filed?
Survival actions take a different approach by focusing on what your loved one experienced from the moment of injury until death. Rather than compensating survivors for their losses, these actions seek damages for the deceased person’s suffering during their final period of life.
Through a survival action, you can recover medical costs your loved one incurred due to their injuries before passing away. The action also seeks compensation for any pain and suffering they endured from the time of injury until death, as well as any income they lost during that period while unable to work.
The critical distinction is that survival actions represent claims your loved one would have filed if they had survived their injuries. These actions essentially allow the estate to pursue compensation for these damages instead.
Who Can File a Wrongful Death Claim or Survival Action in Connecticut?
The executor or administrator of your loved one’s estate typically files both types of claims under Section 52-555 of the Connecticut General Statutes. If your loved one had an estate plan, they likely designated someone for this role. When no estate plan exists, the court will appoint an administrator to handle these responsibilities.
Both wrongful death claims and survival actions must be filed by the same person acting on behalf of the estate. However, they can be pursued simultaneously in many cases.
How Long Do You Have to File a Wrongful Death Claim or Survival Action?
Connecticut law establishes strict deadlines for both types of claims. You have two years from the date of death to file either a wrongful death lawsuit or a survival action. However, there’s an additional limitation: no claim can be filed more than five years after the incident that caused the injuries, regardless of when death occurred.
Discuss Your Options with a New Haven Wrongful Death Attorney
Determining whether to pursue a wrongful death claim, survival action, or both can be a complicated decision. A wrongful death attorney in New Haven can evaluate your case, explain your options, and help you navigate the complex legal process while you focus on healing. Don’t let the filing deadline pass—contact a lawyer today to discuss your path forward.