When you’re injured in an accident, your first priority should be to focus on your medical recovery and getting back to your family obligations, your job and enjoyment of life’s activities. But the date you get injured due to someone else’s negligence starts an important clock: the clock governing your legal ability to file a personal injury claim.
It’s important to begin preparing your personal injury claim quickly after your injury. Gathering evidence (police reports, dash/body cam footage, 911 calls, cell phone data, etc.) is crucial at the beginning of a claim. Failing to obtain this information at the beginning is not fatal to a case, as there are options for filing a claim, even if a considerable amount of time has passed since your injury. But moving quickly and preserving this evidence is important, and having an attorney that knows what to do and when makes a difference.
In Connecticut, for most personal injury claims, you only have two years to act
Personal injury claims have a statute of limitations, which sets a time period during which you can seek compensation from a negligent party. If you file a claim after the statute of limitations has passed, you will likely lose your ability to make the claim even if the defendant was responsible for your injuries.
The statute of limitations exists because evidence related to a claim, such as witness recollections, can become less reliable over time. When the evidence is less reliable, claims become more open to speculation and disagreement, making it more difficult for the court to make a fair decision. The idea of a statute of limitations is to address personal injury claims quickly and efficiently and to reduce the possibility of stale or fraudulent claims.
For most personal injury claims in Connecticut, the statute of limitations is within two years from the date when the injury or damage complained of is discovered or, in the exercise of reasonable care, should have been discovered.
There are some claims, however, where the time to file is even tighter. To make sure you have filed your claim in a timely manner, you should consult with an experienced trial lawyer as soon as possible.
When you have more time to file your claim
State law on the statute of limitations is particularly complex, and the circumstances of your claim may allow additional time to file a personal injury claim. Again, to make sure you have filed your claim in a timely manner, you should consult with an experienced trial lawyer as soon as possible. Examples of cases where the statute of limitations could be longer than two years include:
- Products liability claims
- Asbestos claims
- Sexual abuse claims
The court may permit “tolling,” or stopping the clock on the statute of limitations, in certain circumstances. If a plaintiff has been mentally incapacitated in an accident, the statute of limitations will begin on the date they regain their cognitive abilities.
In medical malpractice cases in Connecticut, a plaintiff can request a one-time, 90-day extension on the statute of limitations to allow a plaintiff to have an expert review the case to determine if the medical professional breached the standard of care towards the plaintiff.
Striking the right balance
Waiting too long to file a personal injury claim risks the possibility of going past the statute of limitations, but filing a claim too soon can also be problematic. Rushing to file a claim can lead to numerous problems, including:
- Incomplete medical records: Failing to accurately account for your medical treatments allows the defense to challenge the cause or extent of your injuries.
- Missing evidence: Overlooking critical evidence that can help support your claim reduces the chances of the jury finding in your favor.
- Inaccurate cost estimates: Filing a claim before you’re fully aware of the financial impact of your injuries may lead you to request compensation that falls short of what you need.
- A difficult legal position: Claims filed too quickly may not be in position to evaluate all the damages you will have; the defense may make arguments that your case is not worth what it ultimately will be worth, and the courts may rush your case to trial when it is not fully developed.
All of these issues increase the possibility that your claim will not be properly evaluated, and you may receive reduced settlement offers or verdicts.
Your best option is to take some steps immediately to begin preparing your claim but to give yourself enough time to strengthen it before filing it. This will also give you a better sense of the financial cost of your injuries, how they have impeded your lifestyle, and whether they will have an ongoing impact.
What you can do right away
There are several steps you can take immediately after your injury to begin developing a personal injury claim. You should take these steps even if your injuries don’t seem severe, since minor injuries can lead to more substantial complications at a later date.
- Seek medical attention: By seeing a doctor, you’ll quickly identify any health issues that might be connected to an accident. Taking this step will also counter defense efforts to claim that your injuries were caused or worsened by a failure to seek treatment.
- Consult with an experienced trial attorney: A legal consultation will help determine if you are able to file a personal injury claim. If you have a case, an attorney can immediately begin assisting you in building a strong claim.
- Begin gathering evidence: It’s important to start collecting evidence that can support your claim as soon as possible when recollections are still fresh. This evidence can include witness statements, insurance claims, medical records, and police reports.
Other deadlines
While preparing a personal injury claim, you’ll need to be aware of other deadlines related to your claim as well in addition to personal injury deadlines — such as workers’ compensation claims and product liability claims, for example.
Auto insurance policies often don’t have a firm deadline on when you need to file a claim for the medical payments coverage you have paid for, if you are injured after a car accident. Instead, they’ll say that the claim should be submitted “promptly” or “within a reasonable time.”
Unfortunately, this also means that an insurance company can try to deny a claim by arguing that you waited too long to file, and these decisions can sometimes be arbitrary. For this reason, it’s important to file a claim for the medical payments coverage as soon as possible after an accident. An attorney can be helpful during this process, assisting with things like filing the claim and evaluating the insurance company’s settlement offer.
Workers’ compensation claims in Connecticut must be filed with an employer within one year of the injury or within three years of the symptoms of the first manifestation of an occupational disease. As with other claims, it’s important to act quickly by informing your manager or supervisor as soon as you are injured or notice symptoms.
Let’s review your case
The team at Anderson Trial Lawyers has been a trusted partner for Eastern Connecticut individuals and families for decades, helping them to build strong claims and get the compensation they deserve by filing claims in a timely manner. Contact us online or call 860.886.8845 to set up a free consultation.
