Connecticut Wrongful Death Case Process

Navigating the aftermath of a loved one’s wrongful death is a challenging experience. Understanding the Connecticut wrongful death case process can provide clarity and a sense of direction during this difficult time.

At D’Amico & Pettinicchi, LLC, we are dedicated to guiding families through each step with compassion and experience. From the initial filing to potential appeals, we ensure that every aspect of your case is handled meticulously, striving for a resolution that honors your loved one’s memory and secures the justice they deserve.

Explore the intricacies of the wrongful death case process and learn how we can support you in seeking rightful compensation.

How Long Does It Take to File a Wrongful Death Case?

When a lawsuit is filed depends on the type of wrongful act. If it’s a wrongful act that is obvious—such as a motor vehicle crash caused by somebody who was texting and the circumstances are clear—a lawsuit can be filed relatively quickly, probably within months after the death occurs. If it’s a different type of wrongful conduct—say, for instance, a defective product or medical negligence—there’s typically a more intensive investigation that is needed, which takes a longer amount of time.

For example, in a medical negligence claim, all medical records have to be obtained; oftentimes, there can be a lot of them. Getting those medical records can take a while, sometimes several months. Once those medical records are obtained, they have to be reviewed by a number of retained medical experts to provide opinions on whether or not the medical provider that’s believed to have been negligent was, in fact, negligent. Those opinions can only be made by other healthcare providers, not lawyers.

There also has to be a review of the records to establish whether the wrongful act was causally related to the death. These types of investigations take much more time. It’s not unusual for them to take a year or longer. Similarly, in product liability litigation, engineers often have to be consulted or other types of product specialists. Those are the types of claims that can be more time-consuming to investigate. Therefore, it takes longer to file these wrongful death lawsuits in Connecticut.

All wrongful death claims must be filed not later than two years from the date of death, but not more than five years from the negligent act. Claims against the state or a city have shorter time frames and notice requirements so it is important to contact us right away.

How Long Does It Take to Resolve a Wrongful Death Claim?

Once a wrongful death lawsuit is filed, it may take precedence in terms of its assignment for trial, depending upon certain factors. Sometimes, it depends upon the age of the person involved. But generally speaking, wrongful death cases are supposed to be privileged with respect to assignment for trial.

In practice, however, wrongful death claims can take a similarly long period of time to accomplish the different phases of litigation as any other type of legal claim. A very fast-proceeding wrongful death case typically takes two and a half to three years. Most of them are resolved no longer than five to six years after the death. There are times when they can be resolved more quickly, and there are also instances where they can take longer, depending on the circumstances of the specific case.

Not all Connecticut wrongful death claims will go to trial in front of a jury. Most of the time, they’re resolved through a mutual settlement and release of claims, which can happen at any time after our investigation is completed. If the case goes the full litigation path to a decision by a judge or a jury, it will take longer to resolve.

How Can an Appeal Impact the Length of a Wrongful Death Case?

Just because a judge or jury makes a decision doesn’t mean it’s not going to be appealed, and oftentimes, it is appealed. This means that either side has an opportunity to argue that there was a mistake made—perhaps that evidence was introduced that shouldn’t have been, or incorrect instructions were given to the jury. Or there’s some other concern; maybe there was a claim that there was improper conduct on the part of counsel or on the part of a juror. There are several reasons why either side may appeal the court’s decision in a Connecticut wrongful death case.

If it is appealed, then Connecticut has two levels of courts. There’s the appellate court, an intermediate appellate court, and then there’s the Connecticut Supreme Court, the highest state-level court. If a wrongful death claim appeal goes all the way to the Connecticut Supreme Court, you’re looking at a delay of likely another two to three years after the judgment is entered. If it only goes to the appellate level, and it doesn’t go to the Supreme Court, you’re probably looking at a year and a half to two years delay.

Discuss the Wrongful Death Case Process With a Connecticut Attorney

At D’Amico & Pettinicchi, LLC, we always say, “A certain settlement is better than an uncertain verdict.” That doesn’t just apply to wrongful death claims. If we can arrive at an amicable resolution through a settlement, then we eliminate the prospects of an uncertain trial. We eliminate the prospects of an appeal, which can also be uncertain and time-consuming. However, if your case is not able to be settled because a mutual agreement can’t be reached which is fair, then we can help you go down the path of litigation and we are seasoned trial lawyers with a track record of success and substantial verdicts.

Call to learn more about the Connecticut wrongful death case process and get started on your claim. Consultations are always free and have no obligation. Schedule yours today in-person or over Zoom.