A statute of limitations is a law that outlines how long an individual has to file a lawsuit within his or her state. Each type of case has its own statute of limitations that must be followed. If this deadline is missed, the individual will lose the opportunity to file a claim and potentially obtain the compensation he or she needs.
Because every case is different, it is important that you consult a reputable New Haven car accident lawyer who can advise you of the laws and deadlines that apply to your case. However, it is vital that you contact an attorney as soon as possible so you do not miss an important deadline.
How Long Do I Have to File a Car Accident Lawsuit?
In Connecticut, the statute of limitations for filing a car accident lawsuit is two years, as outlined in Connecticut General Statutes § 52-284.
This means that those who have been injured in a car crash caused by another’s negligence have two years from the date of the incident to file a personal injury lawsuit.
However, before you can file a car accident lawsuit, you likely will need to file a claim with the at-fault party’s insurance company. In most cases, the insurer will have its own deadlines that you must meet for filing a claim. For this reason, you should file a claim as soon as possible.
Additional Statutes of Limitations
Although most car accident lawsuits involve personal injuries, others may involve other situations that have their own statutes of limitations that you should be aware of.
If your loved one was killed in a car crash, surviving family members have two years to file a wrongful death lawsuit, according to Connecticut General Statutes § 52-555. However, this deadline begins on the date of the individual’s death, rather than on the date of the accident.
For instance, if an individual suffered serious injuries in a car crash, and as a result, died two weeks after the collision, surviving family members must file a lawsuit within two years from the date the individual died rather than the date of the crash.
In some situations, a car crash or a person’s injuries will be caused by a defective product, such as a faulty brake or explosive airbag. In these cases, the injured person may be able to file a product liability lawsuit against the manufacturer of the product.
These types of cases have a three-year statute of limitation. This means a product liability lawsuit must be filed within three years of the date of injury, as stated in Connecticut General Statutes § 52-577a.
If you were involved in a car crash, it is likely that your vehicle sustained damage, whether minor or severe. Connecticut General Statutes § 52-575 requires that all property damage claims be filed within two years of the date the damage occurred.
Claims Against the Government
In some instances, a car crash may be the result of the negligent action or inaction from a government employee or official. This could include crashes that were caused by a government employee who was traveling in a government vehicle for work-purposes or by a poorly designed or maintained road.
The City of New Haven requires that property damage claims involving a defective highway, be submitted within 90 days of the incident. Claims for all other instances of property damage must be submitted within six months of the incident.
Connecticut General Statutes § 4-148 requires that the State Claims Commissioner be notified of a personal injury claim against the state within one year after the date of injury.
Do Not Wait to Contact a New Haven Car Crash Lawyer
Although these statutes of limitations may seem like they give you plenty of time to file a lawsuit, witness’ memories fade and the time will go by quickly. For this reason, you should not wait to contact a trusted car accident lawyer.
Our team of accomplished New Haven personal injury attorneys have decades of experience handling a variety of car accident claims and will be able to advise you of the statutes that apply to your claim.
Contact us today for a free, no obligation consultation. We work on contingency and will not charge any legal fees unless we obtain compensation for you.