Personal Injury Claims and the Statute of Limitations in Connecticut

 Posted on October 12, 2016 in Hartford personal injury lawyer

Are you a procrastinator? When you have an important yet stressful task to complete, do you actively or subconsciously find other things to do to put it off-things like repeatedly checking your email, suddenly remembering a closet that needs to be cleaned out, or distracting yourself with hours of your favorite television show? Research on the subject suggests that chronic procrastination affects up to a quarter of the U.S. population. While putting things off can cause issues when the tasks are difficult but relatively mundane, procrastination in certain situations—like following a car accident or other injury-causing event—can potentially cost you thousands of dollars and compromise your legal rights.

Defining a Statute of Limitations

When you have been injured due to the actions or negligence of another party, the law in Connecticut typically requires you to take legal action—if you wish—within a certain period of time following your injury. The amount of time you have to file a claim depends on the type of injury you have sustained and the legal basis for your intended suit. The law that provides the applicable timeframe is known as the statute of limitations, and failure to file within the allotted time may leave you unable to collect compensation for your injuries.

For most personal injury claims—such as those related to car accidents and slip-and-fall accidents—the statute of limitations generally requires action to be filed within two years from the date on which the injury was discovered or should have been discovered with the exercise of reasonable care. The same two-year statute of limitations applies to “reckless or wanton misconduct” or malpractice by a hospital or medical professional. A product liability case, however, may be filed within three years from the date of the injury being sustained or discovered.

Statute of Repose

A crucial element in the laws that contain the statutes of limitation for personal injury claims is known as the statute of repose. The statute of repose refers to the period of time after an accident or action during which any actionable injuries must be identified. In most car accidents or malpractice cases, according to the law, the damage or injury must be evident and discovered within three years of the action in question. The statute of repose for product liability claims, by comparison, is generally ten years.

For example, if you were involved in a car accident in June 2013 and have had no physical concerns related to that accident, but suddenly, this week, your back really started to bother you. Your doctor tells you that your back pain is likely related to your accident more than years ago. According to the statute of repose in Connecticut, you would not be able to file a lawsuit to recover compensation as it is now too late.

Work With a Skilled Attorney

The laws that contain the statute of limitations provisions in Connecticut can be quite complex. That is why is it is important to contact an experienced Hartford personal injury attorney as soon as possible. We can help you understand the important deadlines that may apply in your case and ensure your rights to compensation are fully protected. Call 860-290-8690 for a free consultation at the Woolf Law Firm, LLC, today.

Sources:

https://www.washingtonpost.com/news/wonk/wp/2016/04/27/why-you-cant-help-read-this-article-about-procrastination-instead-of-doing-your-job/

http://legal-dictionary.thefreedictionary.com/statute+of+limitations

https://www.cga.ct.gov/current/pub/chap_926.htm