If you are considering filing a personal injury claim in Connecticut, you must be aware of important deadlines. These deadlines are called statutes of limitations and they limit the length of time a victim of injury has to file a personal injury suit. If you miss the deadline you probably won't be able to file a lawsuit.
Connecticut General Statutes § 52-584 proclaims that personal injury lawsuits for injuries caused by negligence, misconduct or malpractice must be filed within two years from the date on which the injury was sustained, discovered or discovered with reasonable care. No lawsuits may be filed more than three years after the date of the accident causing the injury.
This statute of limitations shall apply to most lawsuits involving personal injury, including:
i) Personal injury
ii) Truck accidents
iii) Auto accidents
iv) Nursing home abuse
v) Motorcycle accidents
vi) Medical malpractice
However, there are some exceptions to that general rule.
It is sometimes impossible for a victim of an injury to discover the cause of an injury immediately. It may not be immediately clear, for example, that a medical professional misdiagnosed a patient's illness or left a medical tool inside the patient.
When the discovery rule applies, the statute of limitations may be extended from the date of the injury to the date the individual discovered or should have discovered, his or her injury. This means that the statute of limitations must begin on a date that is later than the day the injury originally occurred.
However, even if you haven't discovered your injury right away, there's still a deadline to file a personal injury lawsuit you must meet. That deadline can be very short sometimes.
Not all cases are covered by the discovery rule, so it is important to contact a personal injury attorney to discuss the circumstances of your injury to determine which deadlines apply to your case.
According to the statute of repose in Connecticut, personal injury lawsuits resulting from negligence, misconduct or malpractice can not be filed more than three years after the injury date, no matter when it was discovered by the injury victim.
This deadline is different from the statute of limitations because it is an absolute deadline that can not be extended.
And if you find the injuries two years after the accident that caused it, you will file the case within three years of the injury date, which will only give you one year from the time the injury was discovered.
Although these statutes of limitations apply to the majority of personal injury lawsuits, each case is unique. Consult a Reputable Personal Injury Lawyer in Connecticut to determine the laws that apply to your case.