Is There a Statute of Limitations on Personal Injury Claims?
Posted on behalf of D'Amico & Pettinicchi, LLC on Oct 25, 2017 in Personal Injury
If you are considering filing a personal injury claim in Connecticut, there are important deadlines you must be aware of. These deadlines are called statutes of limitations and they limit how long an injury victim has to file a personal injury lawsuit. If you miss the deadline, you likely will not be able to file a case.
Although Connecticut law outlines the general statutes of limitations for various types of cases, each case is unique and it is important that you discuss the deadlines and time limits that apply to your case with an experienced Waterbury personal injury lawyer. Contact D’Amico & Pettinicchi today to schedule a free, no obligation consultation.
Connecticut Statute of Limitations
Connecticut General Statutes § 52-584 states that personal injury lawsuits for injuries caused by negligence, misconduct or malpractice must be filed within two years from when the injury was sustained, discovered or should have been discovered through reasonable care. No cases can be filed more than three years from the date of the incident that caused the injury.
This statute of limitations applies to most personal injury lawsuits, including those involving:
- Personal injury
- Auto accidents
- Motorcycle accidents
- Truck accidents
- Nursing home abuse
- Medical malpractice
There are, however, some exceptions to this general rule.
Sometimes, it is impossible for an injury victim to immediately discover the cause of an injury. For instance, it may not be immediately clear that a medical professional misdiagnosed a patient’s illness or left a medical tool inside the patient.
When it applies, the discovery rule can extend the statute of limitations 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 will start on a date that is later than the date the injury originally occurred.
However, even if you did not immediately discover your injury, there is still a deadline for filing a personal injury lawsuit that you must meet. Sometimes this deadline can be very short.
The discovery rule does not apply to all cases, so it is important to contact a personal injury lawyer to discuss the circumstances of your injury to determine which deadlines apply to your case.
Statute of Repose
According to the statute of repose in Connecticut, personal injury lawsuits resulting from negligence, misconduct or malpractice cannot be filed more than three years after the date of the injury, no matter when the injury victim discovered it.
This deadline is different from the statute of limitations, as it is an absolute deadline that cannot be extended.
Even if you discovered your injury two years after the incident that caused it, you must file your lawsuit within three years of the date of the injury, which would give you only one year from the date the injury was discovered.
Schedule a Free, No Obligation Consultation Now
Although these statutes of limitations apply to most personal injury lawsuits, every case is unique. You should consult a reputable personal injury attorney to determine the laws that apply to your case.
If you are considering filing a personal injury lawsuit in Connecticut, contact our accomplished Waterbury personal injury lawyers as soon as possible to discuss the details of your case. We can advise you of the deadlines and other important laws that apply to your case and will work tirelessly to help you fight for the compensation you deserve.
Contact D’Amico & Pettinicchi today to schedule a free, no obligation consultation. our attorneys work on contingency and do not charge upfront for our services. We will not charge you for anything unless we recover compensation for you.