Wrongful Death Deadline vs. Personal Injury Statute of Limitations

Connecticut layers two deadlines on top of each other for wrongful death claims — a structure genuinely different from the single deadline that governs an ordinary injury case.

Two clocks, both ticking

Under Conn. Gen. Stat. §52-555, a wrongful death action must generally be commenced within 2 years of the date of death. But there's a second, independent limit: no action can be brought more than 5 years from the act or omission that caused the death, regardless of when death actually occurred. Whichever deadline arrives first controls.

Why the 5-year outer limit exists

The 2-year clock runs from the date of death, not the underlying injury. Without a backstop, this could theoretically leave a defendant exposed decades after the triggering act, if death didn't occur until long afterward. The 5-year outer limit closes that gap, protecting defendants from truly open-ended liability.

A real exception removes both limits

§52-555(b) allows an action at any time — no 2-year or 5-year limit — if the person at fault was convicted, or found not guilty by reason of mental disease or defect, of one of the specific homicide offenses identified in the statute. This exception reflects a policy judgment that the most serious criminal conduct shouldn't benefit from an ordinary civil deadline.

Compared to the ordinary injury deadline

Ordinary negligence-based personal injury claims in Connecticut generally follow a 2-year deadline under §52-584 — matching the primary wrongful death window. The real difference is the extra 5-year outer limit wrongful death claims carry, which ordinary injury claims don't have because their clock starts at the injury itself, not at a later death.

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Official sources

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadlines for your situation with a licensed Connecticut attorney immediately.