In Connecticut, you generally have two years from the date of your injury or from when you discovered (or reasonably should have discovered) your injury to file a personal injury lawsuit that seeks compensation for your losses. This deadline is known as the statute of limitations. It is essential to understand.
The statute of limitations sets the time limit for filing a legal claim. If you fail to act before that time, you lose your chance to pursue compensation for the losses or injuries you have experienced. So, staying on top of this timeline will be crucial as you move forward after an accident and injury.
Filing a personal injury claim may seem stressful, especially when you are dealing with physical pain, emotional anguish, and financial worries after an accident. That is why it is essential to seek help from an experienced Connecticut personal injury lawyer as soon as possible. While you focus on healing, your attorney can focus on the details of your case, including the statute of limitations.
Why Does Connecticut Have a Statute of Limitations for Personal Injury Claims?
The statute of limitations exists to keep cases fair and efficient. Some evidence, like witness accounts and physical evidence from the accident scene, may be less reliable or even inaccessible after only a short time. By setting a time limit, the law encourages people to present their claims while the evidence is still fresh.
From a practical standpoint, by establishing a deadline, the statute of limitations gives defendants (and their insurance companies) a fair chance to investigate a personal injury claim and prepare a defense. Legal disputes could drag on indefinitely without a statute of limitations and create uncertainty for everyone involved.
What Happens If You Try to File a Personal Injury Claim After the Deadline?
If you fail to meet the deadline, it may significantly impact the outcome of your case. If you file a claim after the statute of limitations has expired, the court will likely dismiss your case. You could lose your chance to seek financial relief for various expenses arising from your accident and injury, including medical bills, lost income due to time away from work, and the emotional and physical distress you have endured.
This rule has a few exceptions. Relying on those exceptions is risky. If you believe you are near the deadline for filing a claim or have any uncertainty regarding when the statute of limitations may run out, you should contact a personal injury lawyer as soon as possible. The attorney can offer the informed legal support you will need to address the challenges of your situation.
Is the Statute of Limitations the Same for Claims Against the Government?
No, it’s not. When your injury involves a government entity, the regulations governing your claim are considerably stricter. For instance, if you experience a slip-and-fall incident at a government building or have a car accident with a government-owned or operated vehicle, you must deal with a more complicated process. Typically, you will have a limited timeframe of one year to file a notice of claim against the state government formally. In claims involving a municipal government, you must provide notice of claim within six months.
Not following the proper steps to file a claim against the government can be just as big a problem as missing other critical legal deadlines. Having a skilled attorney on your side will help to ensure your paperwork gets timely filed.
What Is the Statute of Limitations If the Accident Caused a Wrongful Death?
If your loved one passed away due to someone else’s negligence, the timeframe to file a wrongful death lawsuit is slightly different. In Connecticut, you have two years from their death to file a claim.
Is the Statute of Limitations Different for Injuries That Resulted from a Defective Product?
Yes, the statute of limitations for injuries resulting from a defective product in Connecticut differs from general personal injury claims. Under Connecticut law, you must file a product liability claim within three years from when the injury, death, or property damage was first sustained, discovered, or should have been discovered, with the exercise of reasonable care.
Additionally, if someone wants to file a lawsuit related to a product, they must do so within 10 years of the last time the manufacturer or seller controlled it. After that deadline, they cannot bring a case against anyone involved. However, there are exceptions to this 10-year limitation, including:
- If a product has a written warranty saying you can reasonably expect to use the product for more than 10 years, the legal claims time limit might get pushed back, too.
- The 10-year limit does not apply to product liability claims that involve injuries, fatalities, or property damage from being around or exposed to asbestos.
If a faulty product has hurt you, you must immediately talk to a personal injury lawyer. They can help you ensure your claim gets filed on time and walk you through the tricky parts of product liability law in Connecticut.
Are There Exceptions to the Statute of Limitations?
In some rare situations, the statute of limitations can be extended, paused, or “tolled.” These exceptions include:
- Fraudulent concealment — If the defendant intentionally hid their mistakes, the time limit to file a claim might be extended.
- Discovery rule — If you get hurt but don’t realize it right away, the two-year countdown for you to act starts when you discover (or reasonably should have found out) about the injury.
Because these exceptions are highly fact-specific, you must consult a personal injury lawyer to see if they apply to your case.
Contact a Connecticut Personal Injury Lawyer
Understanding how long it takes to file a personal injury claim in Connecticut can be challenging. The good news is that you don’t have to figure out the deadline alone. The attorneys at Jainchill & Beckert, LLC, bring over 55 years of combined legal experience to every case, helping hardworking clients like you pursue the compensation they deserve.
Whether you are dealing with a slip-and-fall, a car accident, a defective product, or the wrongful death of a loved one, we’re here to help. Call us or contact us online for a free initial consultation today. The sooner you contact us, the sooner we can begin building a strong case for you, file the necessary paperwork, and ensure you comply with the applicable statute of limitations.
