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Connecticut law allows people injured due to another person’s negligence to seek compensation through a personal injury claim or lawsuit. However, the law also sets a deadline for filing that lawsuit at two years from the date of the injury in most cases.
If you’re seeking compensation through a personal injury claim, the personal injury statute of limitations affects numerous areas of your case, including how much time you have to file, whether you’re eligible for any exceptions to the typical deadline, and how you approach preparing your claim.
Why Does Connecticut Have a Statute of Limitations?
It’s natural to wonder why the government would set a time limit for seeking compensation in a personal injury claim. After all, no amount of time can change the fact that another person’s negligence harmed you.
However, while it may not seem necessary on the surface, the personal injury statute of limitations makes a lot of sense upon closer inspection. These laws exist in all states for the following reasons:
- Preservation of Evidence – The longer you wait to pursue a claim, the more likely it is that physical evidence is lost or destroyed, and witness memories become fuzzy and inaccurate. Setting a time limit encourages a reasonably fair and accurate trial.
- Efficient Court Systems – If personal injury lawsuits could hang around indefinitely, the courts would be stuck handling an unmanageable backlog of old cases that are unlikely to have clear and convincing evidence. This would place a significant strain on the already limited judicial system resources.
- Fairness to Defendants – While they may be liable to compensate the plaintiff for their injuries or losses, it wouldn’t be reasonable to allow the threat of a lawsuit to hang over the head of a person or business indefinitely. The defendant has a right to due process that can be infringed upon without a set timeframe for personal injury claims.
What Is the Statute of Limitations for Personal Injury Cases in Connecticut?
Under Connecticut law, most personal injury lawsuits must be filed within two years of the date of the injury. That means 24 months from the exact date of the accident. Filing even one day past the deadline means your case will likely be thrown out immediately.
It’s important to note that the statute of limitations refers to personal injury lawsuits, not personal injury claims. Filing an insurance claim and then negotiating for a fair settlement is most often how personal injury cases are resolved. However, if the insurance companies refuse a fair settlement, it’s your right to file a lawsuit and bring the claim to court. If you don’t file before the deadline, you lose your right to sue.
The legal process always takes time, and insurance companies frequently employ stalling tactics to push you past the deadline for filing a lawsuit. It’s critical to contact an experienced personal injury attorney as soon as you’re able to prevent severely limiting your legal options by missing that deadline.
Are There Any Exceptions to the Statute of Limitations Deadline?
Yes, there are a few key exceptions to the Connecticut statute of limitations for personal injury lawsuits. Those exceptions include
- Tolling – Tolling temporarily suspends the statute of limitations deadline for cases involving injuries to minor children (until they reach the age of majority) and defendants who are out of state or missing. The tolling exception may also apply when the at-fault party is found to have committed fraud or intentional concealment, resulting in delays to the case.
- Discovery – Not all injuries are discovered immediately after the accident or exposure. When that’s the case, Connecticut law may allow the clock to begin from the date of discovery. A good example of this exception is a toxic exposure case that may not cause injury or illness for years.
- Wrongful Death – Wrongful death lawsuits can be filed by the executor or administrator of the deceased’s estate and must be filed within two years from the date of death and not more than five years from the date of the injury that caused the death.
- Defective Products – The two-year deadline still applies in defective product cases, but there’s also a 10-year statute of repose that prevents any claims from being brought against the liable party more than 10 years after the product was first sold.
- Medical Malpractice – Medical malpractice is the area of personal injury law where the discovery rule most frequently applies, as the malpractice is rarely discovered immediately upon receiving medical care. There’s also a three-year statute of repose on all malpractice claims.
What If the Personal Injury Claim Is Against a Connecticut Municipality or Government?
Seeking compensation from a government entity comes with some unique challenges. The deadline is significantly shorter, and the process is more complicated. Not only do you have one year to file a lawsuit rather than two, but you must also file a Notice of Claim with the Office of the Claims Commissioner within 90 days. An experienced personal injury lawyer can guide you through this complex and time-sensitive process.
What Is the Statute of Limitations if a Crash Involves a Drunk Driver?
The deadline for filing a lawsuit when the accident involves a drunk driver is the standard two years. However, there are some unique circumstances that can impact cases like these. For instance, compensation may involve punitive damages, and if a bar or restaurant overserved the liable party, they may bear some responsibility under Connecticut’s dram shop laws.
In order to seek compensation from a liable bar or restaurant, you must provide written notice of claim within 120 days of the incident or 180 days in a wrongful death claim. This complicates the legal process if you intend to pursue all potential avenues of compensation.
Contact a Connecticut Personal Injury Lawyer
If you’ve suffered injuries due to someone else’s negligence, you need an experienced personal injury attorney to protect your rights. The team at Jainchill & Beckert, LLC, has over 55 years of combined experience representing injured Connecticut clients as they seek justice and fair compensation. Contact us today for your free consultation.
