How long you have to file a claim depends on the nature of your claim. Wrongful death, product liability, sexual abuse involving minors, medical malpractice, general negligence claims, and claims against the State of Connecticut each have different and unique statutes of limitations.
Generally, for negligence claims in Connecticut, a person has 2 years from the date the injury occurred or was discovered to bring a lawsuit but not more than 3 years from the date of the negligent act under Connecticut General Statutes § 52-584. If a death was caused, known as a “wrongful death” claim, it is generally 2 years from the date of the person’s death and no more than 5 years from the date of the negligent act, under Connecticut General Statutes § 52-555.
Product liability claims are governed by the Connecticut Product Liability Act and generally require that a lawsuit be commenced within 3 years of the date of the injury or from when the injury was first discovered according to Connecticut General Statutes § 52-577a. Depending on when a product was sold, there are other limitation periods that set a maximum number of years after which a claim cannot be brought. For example, a claim may be brought against the manufacturer of a lawn mower that poses a danger because of a lack of a guard even though the mower was sold 10 years earlier as long as the mower had a useful life of at least 10 years or more.
Claims against the State of Connecticut generally are subject to a much shorter time limitation and require submission of a notice to the claims commissioner within 1 year of the date of injury unless an exception applies. Connecticut General Statutes § 4-148; 4-160.
Similarly, claims against municipalities and towns require notification of a claim within a certain period of time. If notice is not given in accordance with the statutory requirements, then a lawsuit will be thrown out. Some notice periods are within mere months of the date of injury.
There can be exceptions to the time limits mentioned above in limited circumstances. Understanding how much time you may have to file a lawsuit and whether any notices are required is complicated, so talking with us right away after an injury is very important.