You do not have unlimited time to prepare your claim and demand compensation for your harm and losses after a personal injury accident. Therefore, if someone injures you through negligence or recklessness, you must act swiftly to hold them accountable.
The statute of limitations defines the timeframe for instituting a claim against a defendant. The time begins to tick from the moment you sustain the injury.
This article explains the statute of limitations in Connecticut and details how you can act proactively:
The Statute of Limitations in Connecticut
It is pertinent to note that Connecticut has numerous statute limitations for personal injury matters. However, the general rule is to file your claim within two years from the date of your harm.
“Immediate action is required after discovering an injury sustained due to the defendant’s negligence, recklessness, or malpractice,” says personal injury attorney Mike A. D’Amico of D’Amico & Pettinicchi, LLC. The clock begins on the date the injury is sustained or when you should have logically discovered its existence.
However, according to the Connecticut General Statutes, you cannot institute your lawsuit later than three years from the date of the incident, regardless of when you discover the harm.
Specific Cases and the Laws Applicable to Them
To have an in-depth understanding of this discourse, it is pertinent to shed light on the statutes of limitations for various cases. Some of these cases are:
Harm Due to Intentional Acts
You have up to three years to file a complaint about an intentional tort. This means the person intentionally injured you.
Harm from Dangerous Products
You must file a product liability lawsuit within three years if you sustain injuries due to a dangerous product. The time begins to tick from the date you experienced, discovered, or should have discovered that the product injured you. In rare cases, the law may extend the three-year deadline.
Defamation-Triggered Injuries
You must file a defamation lawsuit within two years from the date of the statement. Unlike the other instances, waiting three years before acting will deny you the opportunity to hold the defendant responsible.
Harm Leading to Fatality
If your loved one’s injuries eventually lead to death, you can institute a wrongful death lawsuit to demand compensation within two years of the date of death. Sometimes, victims battle with their injuries for a while before passing away. If this is your case, you have up to five years to file a lawsuit from the date of the negligent act.
Exemptions to the Statutes of Limitations
There are numerous exceptions to the statutes of limitations in Connecticut. For example If the defendant fraudulently hides facts from you that would have alerted you of your injuries or losses, the applicable statute will not start counting until you discover the harm. Another example is a claim against a municipality or the State which may require a written notice to preserve your claim in as early as ninety days from the the date of the incident.
Conclusion
Filing a personal injury claim is time-consuming. An individual may have to negotiate with insurers and other parties. That is why you should start your claims process immediately after your injury.
It is essential to involve a local personal injury attorney because the statutes are too complicated for a layperson to comprehend. An attorney will know how to act within the deadline and prevent you from missing it.
Media Information:
D’Amico & Pettinicchi
(860) 775 6177
The law offices of D’Amico & Pettinicchi, LLC are on the right, located at #465
