The Connecticut Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in a Connecticut state court to litigate that matter. The statute ensures that lawsuits that have merit and worthy of being heard are filed within a reasonable time or not at all.
How Does the Statute of Limitations Operate?The period of time to file a claim will vary depending upon the type of incident that occurred. A claim against a doctor for medical malpractice may be for a different length of time than against an accountant for negligence or fraud. The Connecticut statute of limitations can generally be found within the General Statutes of Connecticut, Title 52 and covers the following rules and exceptions in greater detail.
When does the Connecticut Statute of Limitations Begin?Other than for specific exceptions, the Connecticut statute of limitations generally begins to run at the time when a "cause of action arises" - in other words, at the time when an injury occurs that would qualify for a lawsuit to be filed in a Connecticut state court.
What is the Discovery Rule?There are times when a person is unable to discover that they have been injured. For example, fraud or act of negligence that is concealed and is not easily discoverable. It wouldn't be fair or reasonable to require the injured party to file a lawsuit when they could not have detected the injury. As a result, in some instances the Connecticut statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured.
Delaying or Tolling the Connecticut Statute of LimitationsIn certain circumstances, fairness would require that the statute of limitations be delayed for a period of time. A party may not have the ability to bring a case even though they are aware of an injury or damages. Delaying or "tolling" the statute of limitations typically occurs when the plaintiff is "disabled" - such as a minor child or a person who is mentally incompetent. Once the disability ends, the statute of limitations begins to run.
Calculating the length of time that a plaintiff has to file a lawsuit is complicated and involves many factors and exceptions. Parties that have suffered significant injuries or damages may wish to consult with a Connecticut attorney to ensure that all claims and notices are filed within the time limits set forth by law.
Connecticut Civil Code: Connecticut General Statutes
Personal Injury and Negligence2 years from the date the injury if due to negligence or reckless / wanton conduct. 3 years maximum from the date of the act causing the injury. 3 years generally, maximum of 3 years from the date of the injury / harm. Discovery rule applies as above. See §52-577 and 3 yrs. §52-584
Wrongful Death2 years from the date of death, 5 year limit from the date of the act that caused death.
Medical Malpractice2 years, generally, from the date the injury or negligence occurred or from discovery. Maximum of 3 years from the date of the malpractice.
Legal and Professional Malpractice2 years, generally, from the date the injury or negligence occurred or from discovery with a maximum of 3 years from the date of the malpractice.
Products Liability3 years with the Discovery Rule with a maximum of 10 yeas from the date that the seller or the manufacturer last possessed the product.
Assault and Battery3 years.
False Imprisonment3 years.
Comparative NegligencePlaintiff's damages are reduced by the percentage of fault applied to plaintiff (pure comparative negligence.) No bar to recover due to the presence of contributory or comparative negligence.
ContractsWritten contracts 6 years - see §52-576. Oral contracts 3 years - see §52-581.
Fraud3 yrs. See §52-577
Personal Property Damages2 or 3 years, depending upon discovery of the damage.
Libel / Slander / Defamation2 years from the date of publication (or the date when spoken). See §52-597
Debt Collection Accounts6 years. See §52-576
Collection of Rent
Judgment Enforcement10 years (small claims) or 20 years, depending upon the court entering the judgment. See §52-598
Liability of State and Municipalities2 years along with a 90 day notice of claim requirement for defective roads and bridges. 2 years for negligence of most municipality employees, along with a 6 month notice requirement. Other exceptions apply.
Consumer Fraud ComplaintsConnecticut Department of Consumer Protection
Toll Free: (800)842-2649
Please Take Note: The statute of limitations laws presented are strictly provided to you “as-is”. While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of Connecticut.
- Lawsuits, Disputes:
- Statute Of Limitations
Statute of Limitations Connecticut Statute of Limitations, Civil Actions
By Michael M. Wechsler |
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