Greenwich, CT
Wrongful Death Lawyer
Legally Reviewed by Michael J. Jones on July 31, 2026
Losing a family member because of someone else’s carelessness is one of the hardest experiences a person can face. Along with the grief comes a wave of practical and legal questions, including medical bills, funeral costs, lost income, and the unsettling knowledge that the death may have been preventable. Connecticut law gives families a path to hold a negligent party accountable, but that path comes with strict rules about who may file a claim and how long they have to act.
At Mandelbaum Barrett PC, our Connecticut personal injury team is led from our Greenwich office by attorney Michael J. Jones, who has spent decades representing families across Fairfield County and the state after a preventable death. Jones and the firm’s personal injury attorneys work directly with grieving families, explain the probate steps a wrongful death claim requires, and pursue full compensation while the family focuses on healing.
Time Sensitive, Connecticut Law Limits Your Window To File
You generally have only two years from the date of death, and never more than five years from the act that caused it, to file a Connecticut wrongful death claim.
Michael J. Jones brings decades of Connecticut personal injury experience, works on a contingency fee basis, and offers a free, confidential consultation from our Greenwich office.
What Constitutes Wrongful Death Under Connecticut Law
A death qualifies as wrongful under Connecticut law when it results from another party’s negligence, recklessness, or intentional act. Connecticut’s wrongful death statute, Conn. Gen. Stat. § 52-555, allows the deceased person’s estate to pursue the same type of claim the deceased could have brought had they survived, including claims arising from car crashes, defective products, unsafe properties, and medical errors. Four legal elements generally must be proven for a wrongful death claim to succeed, and a careful investigation early in the process helps confirm that each one applies to your family’s situation.
Duty of Care
The at-fault party owed a legal duty to act with reasonable care, such as a driver’s duty to obey traffic laws or a property owner’s duty to maintain safe premises.
Breach of Duty
The at-fault party failed to meet that duty through a careless, reckless, or intentional act, such as speeding, ignoring a known hazard, or a preventable medical error.
Causation
The breach must be directly connected to the fatal incident, meaning the death would not have happened without the other party’s conduct.
Death Resulting
The breach of duty must have actually caused the person’s death, rather than a separate, unrelated injury or illness.
Who Is Legally Permitted to File a Claim
Connecticut’s wrongful death law follows a structure that differs from many other states regarding who can file a claim and who receives compensation. Only the executor or administrator of the deceased person’s estate has the legal authority to file a wrongful death lawsuit, acting on behalf of the estate and its statutory beneficiaries, which typically include a surviving spouse, children, and other close family members. Family members themselves generally cannot file the lawsuit directly unless they are also the appointed executor or administrator.
Filing Requirements and Estate Representatives
If the deceased person left a will naming an executor, that individual must be formally appointed by the probate court before filing the claim. When no will exists, the probate court appoints an administrator to handle the estate’s affairs, including pursuing any wrongful death action. This probate appointment must be completed before the wrongful death lawsuit can proceed, which adds an important preliminary step that families should address promptly to protect their legal rights.
How Damages Are Distributed
Compensation recovered through a wrongful death claim becomes part of the deceased person’s estate rather than going directly to family members. The executor or administrator distributes these funds according to the terms of the deceased person’s will, or, if no will exists, according to Connecticut’s intestacy laws. This typically means a spouse, children, parents, and other close relatives receive shares based on their relationship to the deceased person and the presence of other survivors.
Independent Spouse Claims
Surviving spouses have an independent right under a separate Connecticut statute to file their own lawsuit for loss of consortium. This spouse-specific claim runs parallel to the estate’s wrongful death action and allows recovery for the loss of the deceased person’s support, companionship, income, and emotional connection. Compensation from a loss-of-consortium claim goes directly to the surviving spouse rather than becoming part of the estate.
Statute of Limitations for Greenwich, CT Wrongful Death Claims
Connecticut wrongful death claims are governed by Conn. Gen. Stat. § 52-555, which sets two separate deadlines that both apply at the same time. Families generally have two years from the date of death to file a wrongful death lawsuit. In addition, the law imposes an outer limit, called a statute of repose, that bars any wrongful death claim more than five years from the date of the negligent act or omission that eventually caused the death, even if the death did not occur until later.
Two Years From The Date Of Death, Never More Than Five Years From The Underlying Act, Under Conn. Gen. Stat. Section 52-555
Both deadlines run from different trigger events, the date of death for the two-year window and the date of the negligent act or omission for the five-year outer limit, and missing either one generally bars a family from recovering any compensation. Because a probate court must also appoint an executor or administrator before a lawsuit can be filed, and that appointment process itself takes time, families should not wait to speak with an attorney. One narrow exception applies when a criminal case is brought against the same defendant for causing the death, which can extend the time to file beyond the usual limits. You can review the full text of the statute on the Connecticut General Assembly website, but reaching out to our office promptly is the safest way to protect your family’s legal rights.
Common Causes of Wrongful Death in Greenwich, CT
Preventable deaths in Greenwich and throughout Fairfield County arise from many types of negligence. The following situations are among the most common causes our firm sees in wrongful death claims. Identifying the cause early matters, since the type of incident often determines which parties, from a driver to a property owner, an employer, or a healthcare provider, may share legal responsibility for the death.
Car Accidents
Speeding, distracted driving, and impaired driving remain leading causes of fatal collisions on Greenwich roads.
Truck Accidents
The size and weight of commercial trucks make collisions especially deadly, particularly when a driver is fatigued or a carrier skips maintenance.
Premises Liability
Unsafe stairways, poor lighting, and inadequate security can lead to fatal falls or violent incidents on another party’s property.
Construction Accidents
Falls, equipment failures, and unsafe job sites contribute to some of the most serious construction site fatalities.
Medical Negligence
A missed diagnosis, medication error, or surgical mistake can turn a treatable condition into a fatal one.
Defective Products
A poorly designed or manufactured vehicle part, appliance, or piece of equipment can cause a fatal injury even when it is used as intended.
Damages Available in a Connecticut Wrongful Death Claim
Connecticut’s wrongful death statute allows recovery for losses measured from the deceased person’s perspective rather than the survivors’ losses alone, while a separate loss-of-consortium claim compensates a surviving spouse directly. The table below summarizes the categories of compensation families may be able to pursue.
| Damage Category | What It Covers |
|---|---|
| Medical and Funeral Expenses | Treatment provided before death, along with funeral and burial costs |
| Lost Earning Capacity | Wages and benefits the deceased person would have earned over their working life |
| Loss of Consortium | Loss of a spouse’s companionship, support, and services, recovered directly by the surviving spouse |
| Pain and Suffering | Conscious pain the deceased person experienced between the incident and death |
| Punitive Damages | Additional compensation available when the at-fault party’s conduct was reckless or malicious |
Calculating the full value of a wrongful death claim requires careful analysis of the deceased person’s age, health, earning capacity, and life expectancy, along with the non-economic losses the family carries forward. Non-economic losses are harder to put a number on than a medical bill or a lost paycheck, but they represent an equally real part of what a family has lost. We work with economic experts and other professionals so that every category of loss receives proper attention and is presented clearly during settlement talks or at trial.
How Mandelbaum Barrett PC Approaches Your Case
Building a strong wrongful death case demands thorough investigation and careful evidence collection. We work with accident reconstruction experts, medical professionals, and other specialists to establish how the death occurred and who bears responsibility, gathering medical records, financial documentation of the deceased person’s earning capacity, accident scene evidence, and expert testimony to support the claim. We also assist the family with the probate steps required to appoint an executor or administrator, so the wrongful death claim can move forward without unnecessary delay.
The discovery phase allows both sides to exchange information, including depositions of witnesses and expert reports, as the full picture of the case comes together. Many wrongful death cases reach a settlement before trial, though we prepare every case as if it will proceed to court, and our attorneys have the trial experience needed to present a compelling case to a jury when a fair settlement is not offered. Throughout the process, we keep the family informed in plain language, explain each decision before it is made, and remain available to answer questions as the case moves forward. Learn more about our firm’s background on our About Us page.
Frequently Asked Questions About Wrongful Death Claims in Greenwich, CT
Who Can File a Wrongful Death Claim in Connecticut?
Only the executor or administrator of the deceased person’s estate can file a Connecticut wrongful death lawsuit. A probate court must formally appoint this person before the claim can move forward, though the compensation recovered is ultimately distributed to the family under the will or Connecticut’s intestacy laws.
What Is the Deadline to File a Wrongful Death Claim in Connecticut?
Connecticut law generally requires a wrongful death claim to be filed within two years of the date of death, and never more than five years from the act or omission that caused the death, under Conn. Gen. Stat. § 52-555.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Greenwich?
Mandelbaum Barrett PC handles wrongful death cases on a contingency fee basis, meaning your family pays no upfront legal fees. We only collect a fee if we recover compensation for your family.
Can Family Members Receive Compensation if They Are Not the Estate’s Executor?
Yes. While only the executor or administrator can file the lawsuit, the compensation recovered is distributed to family members according to the will or Connecticut’s intestacy laws, and a surviving spouse may also bring an independent loss-of-consortium claim.
Can My Family Still Recover Compensation if the Deceased Person Was Partly at Fault?
Connecticut follows a modified comparative negligence rule, so a wrongful death claim can still succeed as long as the deceased person was not more than 50% at fault, though the recovery is reduced by that percentage of fault.
Why Should Greenwich Families Choose Mandelbaum Barrett PC for a Wrongful Death Claim?
Our Greenwich office manages the complex intersection of probate proceedings and personal injury litigation, so families are guided through both processes at once by attorneys who know Fairfield County courts and know how to hold responsible parties accountable.
Contact Our Greenwich Wrongful Death Attorneys at Mandelbaum Barrett PC
Losing a family member to a preventable death creates legal questions that no family should have to navigate alone during such a painful time. At Mandelbaum Barrett PC, we handle all aspects of wrongful death litigation while keeping families informed and involved in key decisions, and we manage the complex intersection of probate proceedings and personal injury litigation from our Greenwich office so both processes move forward efficiently.
Attorney Michael J. Jones brings decades of experience handling personal injury claims throughout Connecticut and is ready to fight for you. Contact us or call 203-661-6000 for a free, confidential consultation to discuss your family’s situation and learn about your legal options.
