WATERBURY, CT – September 24, 2026 – Losing a family member in a fatal crash brings profound grief alongside sudden financial and legal questions, leaving surviving relatives searching for clear answers about accountability and their options. Waterbury wrongful death attorney Dan Petroskey of DeFronzo & Petroskey, P.C. (https://www.defronzolawfirm.com/waterbury-wrongful-death-lawyer/) has published guidance addressing how Connecticut wrongful death law works, including who may file, what damages families can recover, and the deadlines that govern these cases.

According to Waterbury wrongful death attorney Dan Petroskey, when a careless driver causes a fatal accident in Waterbury, Connecticut law allows the deceased person’s estate to file a wrongful death claim under Connecticut General Statutes Section 52-555. The Connecticut Department of Transportation reported 274 traffic fatalities in 2025, and many of these crashes occurred near Waterbury on highways such as I-84 and Route 8. “While no legal claim can undo a loss, securing this compensation helps protect a family’s financial stability,” Petroskey explains.

Waterbury wrongful death attorney Dan Petroskey notes that Connecticut differs from many states in a fundamental way. Only the executor or administrator of the deceased person’s estate can bring the action, not individual family members in their own names. If the deceased named an executor in a will, the probate court must still formally appoint that person before a lawsuit can be filed, and if there was no will, the Waterbury Probate Court appoints an administrator under state intestacy laws.

This procedural requirement creates a mandatory first step of opening the estate through probate court. “Securing that appointment early protects the filing deadline and keeps the case moving forward,” Petroskey observes. He advises families who are unsure whether an estate has been opened to review their options with counsel as soon as possible.

Connecticut law permits the estate to recover both economic and non-economic damages. Economic losses include medical bills for treatment before death, funeral and burial costs, the income the deceased would have earned over a normal lifetime, and lost employment benefits such as pensions and health coverage. Non-economic damages address the decedent’s conscious pain and suffering between the injury and death, along with the loss of the ability to enjoy life’s activities, and a surviving spouse may bring a separate loss of consortium claim under Section 52-555a.

Petroskey emphasizes that timing is critical. Connecticut gives families two years from the date of death to file a wrongful death claim, with an outer limit requiring the claim to be brought within five years of the negligent act that caused the death. “Missing the deadline ends the case before it starts,” he points out. “A small number of exceptions may apply, but families should never assume one applies to their situation.”

Attorney Petroskey also explains the distinction between survival-type losses and wrongful death losses. A survival action focuses on the harm the person endured before death, including pre-death medical expenses and conscious pain and suffering, while a wrongful death recovery addresses the broader loss such as lost future earnings and the destruction of the person’s capacity to live a full life. In Connecticut, both are often pursued together through the estate.

Comparative negligence can significantly affect a claim. Under Connecticut General Statutes Section 52-572h, a claim can proceed only if the deceased was 50 percent or less at fault, and the family recovers nothing if a jury finds the deceased 51 percent or more responsible. When fault falls below that threshold, the court reduces the award by the exact percentage, so a $1,000,000 award becomes $800,000 if the deceased was 20 percent at fault.

The firm represents families throughout Waterbury and across Connecticut, including New Haven County, Litchfield County, Hartford County, Fairfield County, and Middlesex County, as well as nearby communities such as Naugatuck, Watertown, Wolcott, Cheshire, Middlebury, and Southbury. Petroskey notes that fatal crashes on high-volume routes like I-84 and Route 8 often stem from speeding, distracted driving, impaired driving, and fatigue, though roadway conditions can also play a role. “Identifying every at-fault party builds a strong claim,” he adds, noting that thorough investigation preserves evidence before it disappears.

For families coping with the loss of a loved one in a fatal accident, consulting a Waterbury wrongful death attorney may help clarify legal options, protect filing deadlines, and pursue fair compensation while the family focuses on healing. The DeFronzo & Petroskey team manages each stage of the process, from opening the estate in probate court to preparing the case for trial when necessary.

About DeFronzo & Petroskey, P.C.:

DeFronzo & Petroskey, P.C. is a Waterbury, Connecticut law firm concentrating on plaintiff personal injury and wrongful death matters. Led by attorney Dan Petroskey, who has represented injured people and grieving families for more than two decades, the firm serves clients throughout New Haven County and surrounding areas. The office is located at 255 Bank Street in Waterbury. For a free, confidential consultation, call (203) 756-7408.

 

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Company Name: DeFronzo & Petroskey, P.C.
Contact Person: Dan Petroskey
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Phone: (203) 756-7408
Address:255 Bank St # 2b, Waterbury, CT 06702
City: Waterbury
State: Connecticut
Country: United States
Website: https://www.defronzolawfirm.com/

 

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