Losing a loved one is heartbreaking for anyone, but when someone’s negligence is to blame, surviving family members are left devastated. While nothing can undo the pain of their passing, Connecticut law allows certain legal actions to be taken to seek justice on their behalf. One such option is filing a survival action claim. Unlike wrongful death claims, which compensate family members for their loss, survival actions allow the estate to recover damages that the deceased could have pursued if they had survived.

A survival action claim can help cover medical bills, pain and suffering, and other losses the deceased endured before their passing. Understanding the process and legal requirements for filing a survival action in Connecticut can help families navigate their options and pursue the compensation their loved one was entitled to. This guide explains what a survival action is, who can file it, and how the process works under Connecticut law.

Always consult with an experienced CT wrongful death lawyer for specific guidance, as all cases can be unique.

What Is a Survival Action in Connecticut?

A survival action is a legal claim that allows the deceased person's estate to recover damages for losses suffered between the time of injury and death. This claim essentially “survives” the deceased and is pursued by their estate representative.

Survival Action vs. Wrongful Death Claim

• Survival Action: Focuses on the pain, suffering, medical expenses, and financial losses incurred by the deceased from the moment of injury until their death.
• Wrongful Death Claim: Seeks compensation for the losses suffered by the surviving family members, such as loss of income, companionship, and funeral expenses.

Both claims can often be filed together, but they serve different purposes and compensate different types of losses.

Who Can File a Survival Action in Connecticut?

Under Connecticut General Statutes § 52-599, a survival action must be filed by the executor or administrator of the deceased’s estate. This is typically the individual appointed in the deceased’s will or, if there is no will, a court-appointed representative.

Family members, such as spouses or children, cannot file a survival action directly unless they have been legally designated as the estate’s representative.

Damages Recoverable in a Survival Action

A survival action allows the estate to recover damages that the deceased would have been entitled to if they had lived. These damages may include:

• Medical expenses – Costs for treatment, hospitalization, and care related to the injury.
• Pain and suffering – Compensation for the physical and emotional distress the deceased endured before passing.
• Lost wages – If the deceased was unable to work due to their injuries before they died.
• Property damage – If applicable, such as in cases of fatal car accidents.

Connecticut law does not explicitly address punitive damages in survival actions, but courts may allow them in certain cases involving reckless or egregious conduct. However, additional compensation may be pursued through a wrongful death claim.

Steps to File a Survival Action Claim in Connecticut

1. Determine Eligibility and Appoint an Estate Representative

Before filing a survival action, the deceased’s estate must have a legally appointed representative. If a will was never created, the probate court will appoint an administrator to oversee and handle the estate’s affairs.

2. Gather Evidence of the Injury and Damages

To build a strong claim, the estate’s representative should collect all relevant evidence, including:

• Medical records and bills
• Witness statements
• Police or accident reports
• Employment records (if lost wages are involved)

3. File a Lawsuit Within the Statute of Limitations

Connecticut law requires that survival action claims be filed within two years of the deceased’s death, per Connecticut General Statutes § 52-555. Missing this deadline will have a huge impact on your case, most likely resulting in the case being dismissed.

4. Negotiate a Settlement or Prepare for Trial

Many survival actions are resolved through negotiations with the responsible party’s insurance company. However, if a fair settlement isn’t offered, the case may proceed to court, where a judge or jury will determine the appropriate compensation.

Common Challenges in Survival Action Cases

Filing a survival action can be complex, and several challenges may arise, such as:

• Proving pain and suffering – Unlike economic damages, pain and suffering require evidence such as medical records and expert testimony.
• Disputes over liability – The responsible party may argue that their actions didn’t directly cause the injury leading to death.
• Insurance company tactics – Insurers may attempt to minimize the claim’s value or delay payouts.

Having an experienced attorney can help navigate these challenges and ensure that the estate receives fair compensation.

Call Brandon J. Broderick for Legal Help

Filing a survival action in Connecticut requires careful legal guidance to ensure the best possible outcome for the deceased’s estate. If you have lost a loved one due to someone else’s negligence, you may be entitled to pursue compensation on their behalf.

Brandon J. Broderick, Attorney at Law is dedicated to helping families seek justice for their loved ones. Contact us today to discuss your case and learn more about your options.