Connecticut Car Accident Statute of Limitations
In Connecticut, the statute of limitation most commonly applicable to car accident claims is C.G.S. § 52-584 with regard to negligence. The tort statute of limitations, § 52-577 is also commonly applicable to car accident cases. This statute states:
- 52-584. Limitation of action for injury to person or property caused by negligence, misconduct or malpractice
No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct, or by malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, hospital or sanatorium, shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of, except that a counterclaim may be interposed in any such action any time before the pleadings in such action are finally closed.
Call a Connecticut Car Accident Lawyer about your Statute of Limitation issue now – do not delay
There are complex issues raised by the possible statute of limitations defense to your claim, which may force you into a situation where you lose the right to any compensation. Therefore, it is imperative that claims be filed in a timely manner to avoid this issue. Contact us now to discuss your situation.
Other Statutes of Limitation in Connecticut
Statutes of limitation commonly provide for the time period in which a tort action may be brought. In some jurisdictions, there are specific statutes of limitation that apply to tort claims of professional negligence or malpractice. Only certain professions may be subject to such statutes of limitation, such as attorneys and physicians, and an action will not be governed by such a limitation period where the occupation is not one that is considered professional. Statutes of limitation for professional malpractice actions apply only if the alleged tortious conduct arose from the practice of a vocation that qualifies as a profession at the moment in time when that conduct caused the completed injury or loss under recognized tort-law principles.
FAQ's About Connecticut Statute of Limitations
Missing the deadline significantly impacts negotiation for an out-of-court settlement. The threat of a lawsuit acts as your primary bargaining chip during negotiations. If you lose the ability to file a lawsuit due to missing the deadline, the other side will have no disincentive to make their lowest settlement offer, and you will have limited leverage to push back.
If you attempt to file your case after the deadline has passed, the opposing party will move to have your case dismissed for untimeliness. Unless there are applicable exceptions, courts are required to grant this request.
Statutes of limitations are enforced to encourage plaintiffs to bring their cases to court sooner rather than later. They serve to protect defendants from being unfairly summoned to court years after the underlying cause of action has passed and to prevent an inundation of late filings in the court system.
Missing the deadline for filing your auto accident lawsuit will have a seriously negative impact on your ability to seek full and fair compensation from the at-fault party and their insurers. It will destroy your bargaining power during settlement negotiations and leave you with little leverage to push back against the lowest settlement offer.
