Overview: why this matters in Connecticut

Connecticut’s wrongful death law creates specific rights for certain survivors and requires careful handling of settlements so proceeds reach the people and purposes intended. The Wrongful Death Act (commonly cited as Conn. Gen. Stat. § 52-555 et seq.) and related provisions guide who may bring a claim and how damages are treated. For official statutory text, see the Connecticut General Assembly: Conn. Gen. Stat. § 52-555 et seq..

Detailed answer — step-by-step checklist (Connecticut)

1. Confirm who can settle and who must sign

   Only the person who holds the claim may settle it. In wrongful death cases that is usually the personal representative (executor/administrator) of the decedent’s estate or the plaintiff named in the civil action. If the decedent’s estate is opened, the personal representative should be identified in probate records. If the claim is being prosecuted by family members under the Wrongful Death Act, confirm each claimant’s legal status and who must sign releases. If someone lacks the legal authority to sign, the settlement may be voidable.

2. Put the agreement in writing and include a clear allocation

   Obtain a written settlement agreement (sometimes called a settlement and release or structured settlement memorandum) that: identifies the parties, states the total settlement amount, explains how the total is allocated (e.g., pecuniary losses, loss of support, funeral expenses, punitive damages if any), and lists who will receive each portion. Explicit allocation helps avoid later disputes among family members and makes it easier to resolve liens (medical, Medicare/Medicaid, funeral creditors).

3. Address statutory distribution rules and beneficiaries

   Connecticut law limits who may recover and often guides distribution among survivors. Make sure the distribution in your agreement respects statutory priorities and shares. If the wrongful-death proceeds form part of the decedent’s estate, the probate process or court order may control distributions. Review the Wrongful Death Act and any relevant probate rules; see Connecticut General Assembly statutes: https://www.cga.ct.gov/current/.

4. Resolve liens and subrogation before distribution

   Identify outstanding claims against settlement proceeds: hospital and medical provider liens, Medicare/Medicaid conditional payments, private health insurer subrogation, outstanding funeral bills, and any outstanding creditor claims against the estate. Obtain written lien waivers or payoff statements and, if necessary, use escrow to clear these obligations before releasing funds to beneficiaries. Failing to address liens can expose beneficiaries or the estate to repayment obligations later.

5. Get court approval or file the settlement documents when required

   Whether you must file the settlement with a court depends on the case posture:

   • If the wrongful-death matter is an active civil lawsuit in Connecticut Superior Court, file the settlement documents required by the court (e.g., stipulation of dismissal, proposed order, and any motion to approve settlement if the court requires it).
   • If the recovery is part of a decedent’s probate estate, the probate court may need to approve the compromise or distribution. Check with the probate court handling the estate.
   • When minors or persons under guardianship will receive proceeds, court approval is frequently required and the funds often must be placed in a protected account or structured settlement.

   For procedural forms and filing locations, use the Connecticut Judicial Branch website: https://www.jud.ct.gov. If you file a stipulation of dismissal after settlement, include the agreed allocation or a separate motion/order approving the distribution if the judge or clerk requires it.

6. Use escrow, joint-payee checks, or a trust for distribution

   To make sure funds reach the right people as agreed, consider:

   • Having the settlement check issued to the estate or to the decedent’s attorney and the personal representative jointly;
   • Placing funds in an escrow account while lien and approval issues are resolved;
   • Using a court-ordered distribution (funds deposited with the court or a court-approved escrow agent) if there is disagreement or if minors are beneficiaries;
   • Using a structured settlement annuity when appropriate for future periodic payments.

7. Obtain signed releases and a final court order showing distribution

   Before distributing funds, get complete executed releases from every claimant who asserted rights to the wrongful-death claim. After distribution, obtain a certified court order or final judgment (if the court was involved) documenting dismissal and approval of the distribution. Keep certified copies for estate and tax records.

8. Document everything and keep records

   Keep the settlement agreement, release forms, lien payoff letters, probate orders, court approvals, bank records showing distribution, and any communications about allocation. These documents protect beneficiaries and the personal representative if questions arise later.

9. When to get a lawyer

   Consider retaining an attorney experienced in Connecticut wrongful death and probate matters if: multiple claimants disagree about distribution, liens are substantial or complex (Medicare/Medicaid), minors or disabled persons will receive proceeds, or you need court approval. A lawyer can prepare the motion, proposed order, escrow agreement, and releases to reduce the risk of future disputes.

Statute reference: The wrongful-death cause of action and basic rules are set out in the Connecticut statutes governing wrongful death (commonly cited as Conn. Gen. Stat. § 52-555 and following). See the Connecticut General Assembly statutory resource: https://www.cga.ct.gov/current/.

Common pitfalls and how to avoid them

• A verbal settlement or undocumented allocation — always get everything in writing.
• Not resolving healthcare/Medicare liens — obtain conditional-payment information and pay or secure waivers before distribution.
• Paying beneficiaries without releases from all potential claimants — get full releases signed to prevent re-litigation or reimbursement claims.
• Failing to obtain court or probate approval when required — confirm filing obligations with the clerk or probate office early.
• Wrong payee on settlement checks — request checks made payable to the correct combination of parties (attorney and personal representative) or use escrow.

Helpful Hints

• Confirm authority: ask for the personal representative’s letters of appointment (probate) if the estate is open.
• List beneficiaries and signoffs in the settlement agreement so there’s no ambiguity about who gets what.
• Get lien payoff letters in writing with exact dollar amounts and deadlines for payment.
• If minors are beneficiaries, expect the court to require a protected account or structured settlement.
• Use escrow for funds while you confirm liens and obtain approvals — it protects everyone.
• Request a joint-check payable to the attorney and personal representative to ensure funds go through proper channels.
• Ask the insurer for a written lien-holder list and for the insurer to identify any conditions on payment.
• Keep certified copies of any court order approving the settlement; those protect against later claims.
• Consider a short-term holdback in escrow to resolve any unknown claims that might arise after distribution.
• When in doubt, hire counsel familiar with both wrongful death and probate practice in Connecticut.