A statute of limitations is a legal rule that sets the maximum time after an event within which legal proceedings may be initiated. Once the limitations period expires, an injured person typically loses the right to seek legal recourse. The purpose of such statutes is to ensure claims are brought while evidence is still fresh and to protect potential defendants from indefinite threat of legal action.

Connecticut General Statutes § 52-584 sets the statute of limitations for most personal injury claims, including those arising from car crashes or slip and falls. An action to recover damages for injury to the person caused by the negligence, recklessness or wanton misconduct of another must be brought 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." For instance, if a person is hurt in a car accident on January 1, 2024, they typically have until January 1, 2026, to file a lawsuit. If the injury is not immediately apparent, the period may begin when the injury is or should reasonably have been discovered.

For medical malpractice cases, Connecticut also follows a two-year statute of limitations. The countdown starts from "the date when the injury is first sustained or discovered or within the exercise of reasonable care should have been discovered." Additionally, there is a hard stop on medical malpractice claims: no lawsuit can be brought more than three years after the date of the act or omission complained of, regardless of discovery. This deadline known as the "statute of repose."

A legal doctrine known as the discovery rule delays the start of the statute of limitations clock until the injured party discovers the harm, or reasonably should have discovered it. For example, in a malpractice case, a patient may not know immediately that a surgical instrument was left inside their body. 

There are circumstances where the statute of limitations may be tolled, meaning it is temporarily paused. Common reasons for tolling include:

• If the injured person is a minor, the clock does not begin running until they reach age 18.

• If the injured person is mentally incapacitated at the time of injury, the statute of limitations is suspended until they regain capacity.

• If the defendant leaves Connecticut, the statute is tolled while they are out of state.

• If the alleged wrongdoer fraudulently conceals their actions, the statute may be tolled until the fraud is discovered.

Consulting a personal injury attorney as soon as possible after an incident can make a great difference. Delay could result in critical evidence being lost or witness memories fading. Most importantly, if you wait too long, the statute of limitations could expire, permanently barring your claim. An experienced attorney can help evaluate your case, gather essential evidence and ensure all filings are timely.

Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven represents Connecticut residents who have been injured due to someone else’s fault. Please call 203-745-0942 or contact us online to set up a meeting with one of our attorneys.