Personal injury attorneys represent people who have suffered due to the negligence of others, and they also represent the families of people who have died due to other people’s wrongdoing or negligent behavior. If you or a loved one has been harmed through no fault of your own, you may be entitled to financial compensation to help with the medical bills and other expenses associated with your injury. However, the party who caused your injury has defenses. This blog post describes one such defense – the statute of limitations.
All types of personal injury cases in Connecticut, including medical malpractice and product liability claims are subject to a “statute of limitations”. The statute of limitations for a personal injury case in Connecticut is two years, which means you have only 24 months from the time of injury to take legal action against the party that harmed you. If you feel you have a case, a personal injury attorney will advise you on how to proceed to receive compensation owed to you and/or your family.
Medical Malpractice Statute of Limitations
Even though medical professional take an oath to do “no harm,” mistakes are made (more often than you may think) in medical environments each and every day. Nurses, doctors, dentists, therapists, EMT’s, administrators, and hospitals may be sued for mistakes that result in injury or death. If you have suffered because of a medical error, you may be entitled to compensation, but you must file your case before the expiration of the statute of limitations or it will be barred by the court.
Connecticut law states that if the injury was not discovered at the time of the negligent act, then a claim for medical malpractice can be brought within two years of the date the injury was discovered, or two years within the date the injury reasonably should have been discovered. However, in no case can legal action be brought more than three years after the date of the negligent act, and this applies to minor children and adults.
Many states allow for statutes of limitations to be “tolled” or extended, but unlike most states, Connecticut has no law that extends the statute of limitations for injured minors; however, tolling may occur if evidence has been concealed or the accused is absent from the state. Your Connecticut injury attorney will be able to explain the specifics of any statute exceptions when he/she knows all the facts of your case.
Product Liability Statute of Limitations
In Connecticut, the statute of limitations for product liability cases is three years; the statute of repose, however, is 10 years. The statute of repose allows extra time for those people who do not realize they have suffered an injury right away. For instance, when a defective medical device is implanted in your body, you may not show signs of sickness for many years after implantation. The statute of repose in Connecticut allows you more time to take legal action against the party or parties that contributed to or directly caused your injury.
Breach of Contract Statute of Limitations in Connecticut
If an oral contract is breached in Connecticut, the statute of limitations is three years, but if the contract is written, the statute is six years.
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