When a car accident causes personal injuries, your first concern should be your health and well-being. Seek appropriate medical care and treatment as soon as possible, and follow your treatment provider’s recommendations. Once the dust has settled and you are on the road to recovery, you can begin to think about your options for compensation. However, you should know that Connecticut imposes a strict time limit on how long you have to file a legal claim. If you wait too long, you could forfeit your right to pursue financial recovery for your injuries and other losses.
A statute of limitations is a law that establishes the timeframe for filing a lawsuit. A person who is hurt in a car accident that was not their fault is entitled to compensation for their injuries and other losses. However, to ensure you receive the compensation you deserve, you must file your legal claim within the time period provided. Otherwise, you forfeit your right to seek compensation, and any lawsuit you file will be dismissed as being “time-barred,” or not filed in time.
Statutes of limitations are intended to promote fairness and efficiency in the judicial system. They motivate people to file legal claims promptly by limiting the time they have to file a lawsuit. When someone waits too long to file a lawsuit, memories may fade, and important evidence can be lost or destroyed. From a policy standpoint, a statute of limitations allows potential defendants to move forward without fear of being sued for a long-forgotten dispute.
Under Connecticut law, the statute of limitations for most personal injury claims is two years from the date of injury. However, there are exceptions.
The statute of limitations for most personal injury claims in Connecticut is two years from the date of injury. In cases where the injuries were not immediately apparent, the statute of limitations is two years from the date the injuries were discovered or reasonably should have been discovered.
Regardless of when the injury was discovered, Connecticut imposes a statute of repose, meaning no lawsuit can be filed more than three years after the date of the negligent act or omission.
If the defendant leaves the state and cannot be notified of the claim, the statute of limitations is paused until they return, up to a maximum of seven years.
Connecticut imposes special rules for claims against the government, including municipalities.
For claims against municipal employees, the injured person must notify the municipality of the claim within six months of the negligent act.
If the claim involves a defective road or bridge, the injured person must notify the town or city of the claim within 90 days of the incident.
Claims against the State of Connecticut must be presented to the Office of the Claims Commissioner within one year.
Once the statute of limitations has passed, you lose your ability to file a lawsuit. This changes the dynamics of the settlement negotiations. Settlement negotiations work because both sides weigh whether it makes more sense to settle or take the case to court. Defendants often agree to settle because a trial is expensive and time-consuming, and the outcome is uncertain. Once the statute of limitations has run out, you lose your negotiating leverage and the settlement offer will almost certainly be withdrawn.
No matter how strong your case is or how serious your injuries are, if you miss the filing deadline you will not be able to pursue a claim for damages. Connecticut courts will reject your lawsuit, and you will forfeit the right to seek compensation for your injuries, lost wages, pain and suffering, and other losses.
When an accident causes injuries and other losses, contact a personal injury attorney as soon as possible. If you wait, important evidence could be lost or destroyed, witnesses may forget critical details, and it can become more difficult to negotiate a settlement or litigate the case.
If you are unsure whether you have a claim, a personal injury attorney can evaluate your situation and explain your legal rights and options for moving forward.
The Lebedevitch Law Firm, LLC, handles personal injury claims on a contingency fee, and initial consultations are free. There is no risk to you, and you will gain peace of mind from knowing your options and how to move forward.
The Lebedevitch Law Firm is based in Fairfield, Connecticut, and represents people injured in car accidents in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.
Contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can assist you.
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