If you think you may have a viable slip and fall lawsuit, understanding the statute of limitations as it applies to your situation is important. A statute of limitations is a law that places a strict time limit on the right of a prospective plaintiff to seek remedy from a court after some kind of wrong. Depending on the sort of case you want to file there are different deadlines.
Statute of Limitations for Slip and Fall in Connecticut
In Connecticut, as in most states, the statute of limitations applicable to a claim for slip and fall injury is usually the same as the larger one affecting most cases of personal injury.
Specifically, section 52-584 of the General Laws of Connecticut states, "No action shall be made to claim damages for injury to the individual, or to physical or personal property, incurred by negligence, or careless or willful misconduct ... shall be brought but within two years from the date on which the accident was first caused."
In simple terms, and in the context of a slip and fall accident, if you believe the owner of the private or commercial property where the accident happened is responsible for the injury, you have to get some lawsuit filed against that individual (or business) within two years and the clock begins running on the day the slip and fall happened.
And, interpreting the language of section 52-584, the same two-year period limit extends if your personal property has been damaged — let's assume you broke an expensive watch when you fall, for example — and you decide to lodge a complaint demanding the repair or replacement of that item.
So, having read all of this, what happens if you try to file your lawsuit after the limitations statute has already passed the deadline set by Connecticut? The landowner is likely to make a motion to dismiss the case, and almost certainly the court will grant the motion. That means you have lost your right to seek a remedy from the court for your injuries, and your case is over before it can even begin.
The statute of limitations clock can pause or toll in certain rare circumstances, allowing you more time to get your case going. Speak to a personal injury attorney in Connecticut for information on these cases.
From a strategic point of view, it's always a good idea to let yourself have plenty of time to file a slip and fall suit, even if you're confident that your injury claim will be resolved through a settlement. If you have the option to go to court, you also have the leverage during settlement discussions.
If you want to file a slip and fall lawsuit but you are running out of time, contact an Expert Personal Injury Lawyer in Connecticut to resolve your potential lawsuit.