Connecticut Personal Injury Statute of Limitations [Updated]

In personal injury claims, legal deadlines are crucial. The Connecticut personal injury statute of limitations sets the maximum amount of time a victim has to file a claim after an accident or injury. Connecticut law imposes strict time limits on filing personal injury claims in court.

If a case is filed too late, the court will likely throw it out without considering its merits. Legal deadlines can help determine whether a person can still seek compensation for injuries caused by negligence.

Hire a Personal Injury Lawyer

Williams, Walsh & O’Connor, LLC has served injured people and families across Connecticut for many years. The firm’s lawyers have over 150 years of collective experience in personal injury, wrongful death, and other negligence cases. The attorneys, located in North Haven and serving the greater New Haven area, work with clients throughout the state who are evaluating their legal rights and potential personal injury claims under Connecticut law.

What Is the Connecticut Personal Injury Statute of Limitations?

A statute of limitations is a law that sets a time limit on when a person can file a claim after suffering an injury. Connecticut generally provides a two-year statute of limitations for most personal injury cases. Conn. Gen. Stat. § 52-584 allows an injured person two years from the date the injury is or should have been discovered to file a claim, with a maximum limit of three years from the date of the negligent act or omission in most situations.

This statute of limitations applies to many different types of negligence-based claims, such as motor vehicle accidents, premises liability accidents, and other instances where another party’s negligence results in injury.

When the Filing Deadline Begins After an Injury

Determining when the statute of limitations begins can depend on when an injury becomes known. In most personal injury cases, the filing period begins on the date of injury. But in some cases, the injury may not be immediately apparent. Connecticut law may apply a discovery rule that bases the deadline on when the injury was discovered or reasonably should have been discovered.

This often becomes relevant in situations where medical issues develop gradually or injuries progress. Determining when the clock starts may involve reviewing medical records, accident reports, and the facts surrounding the injury.

Exceptions That May Affect the Statute of Limitations

In certain cases, different statutes of limitations will apply. The wrongful death statute, Conn. Gen. Stat. § 52-555 generally gives two years from the date of the death to file a claim, but no more than five years from the date of the negligent act or omission. In addition, medical malpractice claims in Connecticut are subject to Conn. Gen. Stat. § 52-190a, which requires the submission of a certificate of good faith before filing a case

In some instances, different timing rules may apply to claims made on behalf of minors. The first step in figuring out how much time remains is identifying the correct statute.

What Happens if the Statute of Limitations Expires?

If a personal injury claim is filed after the statute of limitations deadline, the court will generally not hear the case, even if the claim otherwise has merit. In other words, if an injured person files a claim after the deadline, he or she will not be able to obtain compensation through the courts for that injury. The statute of limitations is often one of the first defenses raised by a defendant in a personal injury action.

A court may review the timing of the injury, when the harm was or should have been discovered, and the date the claim was filed, to see if it was filed in a timely manner under Connecticut law. To begin evaluating injury claims, a key step is to confirm that the statute of limitations hasn’t already barred the case.

FAQs

Do Most Personal Injury Cases Go to Trial?

A relatively small percentage of personal injury claims end up going to trial. According to industry statistics, about 95% of personal injury claims settle before trial. That means that the parties reach an agreement without a judge or jury ruling on the matter. Settlements typically happen after the parties have had a chance to negotiate once all the evidence, medical records, and liability issues are known.

How Many Car Accidents Occur in Connecticut Each Year?

Car crashes happen all too often throughout the state every year. The Department of Public Health in Connecticut documented that in 2023, 33,975 state residents sought emergency care for injuries from car crashes, with 942 requiring hospitalization. These statistics show how common it is for car collisions to result in a hospital visit.

Many of these accidents involve questions of liability, insurance coverage, and deadlines under the Connecticut personal injury statute of limitations.

Where Are Personal Injury Claims Filed for Waterbury Accidents?

Personal injury litigation in Waterbury generally takes place in the Connecticut Superior Court for the Waterbury Judicial District, on Grand Street, in downtown Waterbury. The Superior Court hears civil cases, including negligence and personal injury actions arising in Waterbury and elsewhere.

A plaintiff filing a personal injury action must follow the rules of Connecticut’s court system, including procedures for filing, document formatting, and time limits for litigation as set forth in the Connecticut state code.

Why Do Statutes of Limitations Exist in Personal Injury Law?

Statutes of limitations in personal injury law are used to prevent plaintiffs from filing claims at a time when witnesses’ memories have faded, and evidence is no longer available. These limitations encourage courts to try claims while witness memories and documents are still fresh and physical evidence has not been altered, destroyed, or otherwise made difficult to obtain or verify.

Contact a Connecticut Personal Injury Lawyer

If you’re unsure about the deadline for an injury claim, the Connecticut statute of limitations is a helpful reference point. Learning the statute of limitations is crucial, as it can bar your ability to recover compensation. You may want to review the accident date and the statute of limitations to determine whether any legal remedies are available. Schedule a consultation to hire a personal injury lawyer who can help you meet all applicable deadlines.