Every case has a time limit for filing. A law called the statute of limitations governs how much time you have to get your lawsuit filed. A statute of limitations is a law which places time limits on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking monetary damages or other compensation.
Time Limits for Personal injury Lawsuits
In Connecticut, if you have a personal injury case, it must be filed within two years from the date the injury was sustained or discovered.
Claim Against a Government Entity
If you are filing for a claim against a government entity, you must notify your intent to sue within six months. The State Claims Commissioner must be notified of a claim against the state within one year.
Statute of Limitations or Statute of Repose
A statute of repose is different from a statute of limitations. In a statute of repose after the statutory period has expired, it is not possible to file a lawsuit even if an injury occurs after that time. For example, if there is a twenty year statute of repose on the manufacture of aircraft, a claim cannot be filed against the manufacturer more than twenty years after the date of manufacture, even if a design or manufacturing defect is responsible for a later accident.
Accrual of Claims
A statute of limitations is said to start running at the time a claim accrues. Generally, that is the time the injury occurred.
The Discovery Rule
Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example in a wrongful death case, it will not be possible to determine that the decedent knew or should have known of the cause of his illness or injury before his death, to start the running of the limitations period in the wrongful death action before the decedent’s death.
When it applies, the “discovery rule” permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all personal injuries and sometimes the period of time for bringing a claim post-discovery can be short. So it is important to seek legal assistance quickly in the event of the late discovery of an injury.
Are You a Victim of Someone’s Negligence? Don’t Delay. Contact The Reinken Law Firm Today!
If you have been injured due to the fault of someone, it is wise to act promptly. Speak to our legal representative to discuss your case. Our personal injury attorney in Connecticut will help you in filing your case at the right time. So don’t delay, call us today at 203.541.0090/ 203-418-7037/ 203-491-4404. We serve in Bridgeport and Danbury.