If you or a loved one has been injured or has died as a result of an auto accident, medical malpractice, sexual abuse, product defect, road defect, or as a result of someone’s negligence or recklessness, Connecticut has certain time limitations that may apply to your claim. In addition to statutes of limitations, some other rules require “notice” of the claim to be given within a much shorter period of time, sometimes as soon as 90 days, depending on the type of claim.
Statutes of Limitations for Connecticut Injury Claims
Negligence and Recklessness
Negligence and recklessness personal injury claims like auto accidents, medical malpractice, slip and falls generally the statute of limitations is two years:
Conn. Gen. Stat. § 52-584
A claim for personal injury caused by negligence, recklessness, wanton misconduct, or medical or dental malpractice, must be brought within two years from the date the injury is first sustained or discovered, or should reasonably have been discovered.
If a loved one has been killed in an accident, that person’s estate may have a wrongful death claim. Connecticut’s statute of limitations for wrongful death is:
Conn. Gen. Stat. § 52-555
This section requires that any action for wrongful death must be brought within 2 years of the date of death, and no more than 5 years from the accident or injury that eventually led to the death.
Connecticut has a separate statute of limitations for injuries or death that are caused by a product defect. The limitation periods for this type of claim is:
Conn. Gen. Stat. § 52-577a
A product liability claim must be brought within 3 years from the date when the injury or death is first sustained or discovered or should reasonably have been discovered. However, no product liability action may be brought later than 10 years from the date that the responsible party last had possession or control of the product.
A “tort” is any act or omission that causes harm to another. This includes motor vehicle accidents, slip and falls, and product liability. However, those “torts” have specific statutes of limitations. If your claim does not fall within another statute, then the general tort statute of limitations will apply.
Conn. Gen. Stat. § 52-577
An action that arises from a tort must be brought within 3 years of the date when the act occurred.
Connecticut, like most states, is currently reviewing and possibly modifying the statute of limitations that apply to sexual abuse claims. Aeton’s attorneys have been aggressively advocating that the legislature reform the statute of limitations that apply to civil claims against abusers. Currently, Connecticut has statutes that are applicable to sexual abuse claims.
Conn. Gen. Stat. § 52-577d
An action for sexual abuse, exploitation or assault on a person under 21 years of age may be brought until 30 years after the victim turns 21.
Conn. Gen. Stat. § 52-577e
An action for sexual assault may be brought at any time, with no statute of limitations, if the perpetrator has been convicted of first-degree sexual assault or aggravated first-degree sexual assault.
Connecticut Statutory “Notice” Provisions for Injury Claims
If you have been injured because of the conduct of the State of Connecticut, any town or city, or one of its employees, officers, members, or directors, then specialized requirements may apply. In some cases, before you can even file a lawsuit, your attorney must file “notice.” Notice is a requirement. If you or your attorney do not file notice you may be prevented from filing a subsequent lawsuit.
For example, if you have been injured in an auto accident that was caused by a defect in a state of the municipal roadway, then you must file a notice with the state or the town that owns the roadway.
Conn. Gen. Stat. §§ 13a-144 and 13a-149
These sections require that a claim for injury due to a defective road or bridge must be brought within 2 years of the date of injury, and that written notice of the claim must be given to the state Transportation Commissioner or to the responsible municipality within 90 days of the injury.
The notice must also first be filed in any claim that alleges personal injuries caused by a town or an employee of a town:
Conn. Gen. Stat. § 7-101a and 7-465
When filing an action against a municipality or a municipal employee for personal injury, property damage, negligence, or civil rights violations, notice of the intent to file an action must be filed with the town within 6 months from the alleged negligence or violation, and a lawsuit must be filed within 2 years of the event.
Which Statutes of Limitations and Notice Provisions Apply to Your Claim?
This list is not exhaustive. If you have questions about which statutes of limitations and notice provisions may apply to your claim, give us a call at 877-Aeton24 or text Injury to 474747.