Statute of Limitations for Personal Injuries in Connecticut

Statute of Limitations for Personal Injuries in Connecticut
Calendar icon November 30, 2023 | Reading Time: 7 min

Personal injuries can happen unexpectedly, disrupting lives and causing physical, emotional, and financial distress. In the state of Connecticut, as with many other jurisdictions, there are specific laws in place to govern the time within which an individual can file a personal injury lawsuit. These laws are known as statutes of limitations. 

Statute of Limitations for Personal Injuries

If you’ve been involved in a life-changing accident, you may not know where to start when it comes to seeking legal recourse for your injuries. If you choose to file a personal injury claim for your injuries, it’s important to know the time frame in which you must file. 

Connecticut Statute of Limitations For Personal Injury Cases

Statute of limitations are a legal time limit within which an individual must file a lawsuit. If the plaintiff fails to initiate legal proceedings within this timeframe, he or she may lose the right to seek compensation for any injuries. In Connecticut, the statute of limitations for personal injury cases is generally two years from the date of the incident, although there are circumstances in which you may need to file a claim sooner. 

Car Accidents

Car accidents are a common cause of personal injuries, ranging from minor injuries to severe, life-altering consequences. In Connecticut, the statute of limitations for filing a personal injury claim resulting from a car accident is two years from the date of the accident. This includes cases where drivers, passengers, or pedestrians sustain injuries due to the negligence or recklessness of another party.

However, it’s essential to note that if the accident involves a drunk driver or a government vehicle, different rules may apply. In such cases, a notice of claim typically must be filed within a shorter time frame, and consulting with an attorney promptly is crucial to ensure compliance with specific procedures.

Slip and Fall Accidents

Slip and fall accidents can occur anywhere, from grocery stores to private residences, and often result in serious injuries. In Connecticut, the statute of limitations for slip and fall personal injury claims is two years from the date of the incident. This includes situations where a property owner’s negligence, such as failure to address a hazardous condition, contributes to the accident.

To pursue a slip and fall claim successfully, the injured party must establish that the property owner was aware of or should have been aware of the dangerous condition but failed to take reasonable steps to address it. Proving negligence is a critical aspect of such cases, and gathering evidence promptly is essential.

Medical Malpractice

Medical malpractice cases involve injuries caused by the negligence or substandard care of healthcare professionals. In Connecticut, the statute of limitations for medical malpractice cases is generally two years from the date when the injury occurred or when the patient discovered, or reasonably should have discovered, the injury. However, if the doctor or medical professional who acted negligently is employed by the State of Connecticut, your period to file a claim may be shorter than two years.

It’s important to note the “date of discovery” rule in medical malpractice cases, which allows the statute of limitations to be extended if the patient could not reasonably have known about the injury immediately. However, there is an overall cap of three years from the date of the alleged malpractice, regardless of when the injury was discovered.

Statute of Limitations for Claims Involving Dram Shops

Connecticut, like many states, allows individuals to pursue personal injury claims against establishments that serve alcohol, known as dram shops, under certain circumstances. If a person is injured due to the actions of an intoxicated individual, the injured party may have grounds to file a lawsuit against the establishment that served the alcohol.

The statute of limitations for personal injury claims against dram shops in Connecticut is only one year from the date on which alcohol was served to the defendant, and a notice must be made only 120 days from the date of the accident. If a fatality occurs, the time in which the dram shop must be put on notice is extended to 180 days. This includes situations where a person is severely or fatally injured in a car accident caused by a drunk driver who was over-served at a bar or restaurant.

Proving liability in dram shop cases can be complex, and it often requires a thorough investigation into the establishment’s practices, such as serving alcohol to visibly intoxicated individuals. Consulting with an attorney who specializes in personal injury cases involving alcohol-related incidents is crucial for building a compelling case within the statute of limitations.

Statute of Limitations For Filing A Claim Against A Municipality

When injuries occur on public property or involve government employees, such as in accidents involving public transportation or municipal facilities, special rules come into play. Claims made against the state must be filed with the Office of the Claims Commissioner. In order for a claim against the state or a municipality to be valid, the claim generally must be filed within one year of the incident, although the deadline is 90 days for cases involving defective roads and bridges and six months for actions based on employee negligence.

The notice of claim must include specific details about the incident, the nature of the injuries, and the damages sought. Failure to file this notice within the allotted time period may result in the loss of the right to pursue a personal injury claim against the municipality. After the notice is filed, there is generally a two-year statute of limitations to initiate a lawsuit if a settlement cannot be reached.

Actions Against Municipal Firemen and Volunteer Ambulance Workers

Municipal firemen and volunteer ambulance workers, as employees of government entities, are generally protected by Connecticut’s Good Samaritan Law. This law generally protects firefighters (municipal or volunteer) and volunteer ambulance workers from liability for injuries caused while giving emergency first aid or performing other life-saving measures. 

However, there are instances when a firefighter or ambulance worker acts negligently, causing injury. In these circumstances, the injured party has one year from the date of their injury to file a claim for damages.

Exceptions To Connecticut’s Personal Injury Statutes of Limitations

The personal injury statutes of limitations in Connecticut are typically hard and fast rules, but there are certain circumstances in which they can be extended. Here are some scenarios in which a plaintiff may have more time to act. 

The Injury Was Not Immediately Identifiable

Connecticut follows the “discovery rule,” which means that the statute of limitations may be tolled (delayed) until the injured party discovers, or reasonably should have discovered, the injury. This is particularly relevant in cases of medical malpractice or injuries that may not be immediately apparent.

The Defendant Concealed Evidence

If the defendant engages in fraud or intentionally conceals information that would have led the injured party to discover the cause of action, the statute of limitations may be extended. This exception accounts for situations where the defendant’s actions prevent the injured party from timely realizing the need for legal action.

Questions About The Statute Of Limitations For Your Claim?

If you’ve been involved in an accident that has resulted in a personal injury or loss of a loved one, it’s important to file your claim as soon as possible. If the statute of limitations lapses or you fail to file a notice of claim within Connecticut’s applicable time limits, you likely will not qualify to receive compensation for your injuries or loss. 

At Cellino Law, our attorneys are well-versed in Connecticut personal injury law, and we’re here to help you. For a free case consultation with a member in our Connecticut office, call us at 888-888-8888 or connect with us via our online form

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

SHARE THIS ARTICLE

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

Testimonials

  • I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.

    Denise

  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose

  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

    Theodore

  • I want to thank your law firm for settling my lawsuit where others failed. You treated me with the utmost respect and care, because of your law firm the dream of owning my own home finally came true. For the first time in a long time, we're living out our dream home. Thank you a million times over. Thank you for making my dream come true.

    Marcy

  • I highly recommend Cellino Law to anyone involved in a car crash. I worked with Michael Lovecchio, and had a wonderful experience given the circumstances. He was very attentive, and got the best possible outcome I could have wanted.

    Susan

  • I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support

    Lisa