Every state has its own set of rules that dictate filing rules and deadlines. This includes the statute of limitations which states how long you have to file your personal injury lawsuit.
In Connecticut, this period is only two years. The two years start the moment you take the stage. Rather than pressing your luck, it’s a good idea to call and talk to an experienced Connecticut personal injury lawyer.
Find out what your options are and set up a time to meet with an experienced attorney from our firm.
The Judge Likely Won’t May Allow Special Exceptions for You
It doesn’t matter how sad your story may be. If you miss the filing period, your case will be dismissed. The judge isn’t going to want to hear your excuses. Unless your Connecticut personal injury lawyer files a motion to extend the statute, your case will be dead.
There are only a handful of situations in which the judge will extend the statute of limitations period. These include the following:
- You are a minor
- You are mentally incapacitated
- The defendant has left the country
- The defendant is fraudulently avoiding service
If you meet any of these criteria, your attorney will have to file a motion requesting an extension. They have to serve a copy of this motion on the defendant’s attorney as well. This will give them a heads up and they may respond with a motion of their own.
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If You Miss the Statute of Limitations Period Your Case Will Be Dismissed
You have two years to file suit. If you miss the statute of limitations period by even one day, your case will be dismissed. This can happen in one of two ways. First, the defendant may file a motion to dismiss.
If that’s the case, the judge has no choice but to grant it. Unless you fit into one of the few categories in which the court may make an exception, your case will be dismissed.
The second thing that could happen is the judge’s clerk sees that the statute period has passed and advise the judge to dismiss the case. Either way, you’re out of luck. You’ll walk away with nothing and so will your Connecticut personal injury lawyer.
Your Connecticut Personal Injury Lawyer Needs Ample Time to Prepare Your Case
You have two years to file your personal injury lawsuit in Connecticut. It’s going to take your Connecticut personal injury lawyer a few months to prepare your case. This means you can’t wait until the last minute to meet with an attorney.
They’ll need to reach out to the insurance company and review any records you may have. Then they’re going to have to file the complaint. Once this is done, they need to serve the defendant.
All these things take time. You can’t walk into your lawyer’s office with a week left to file. If that’s the case, they may not want to take the case on. There’s too great a chance that the case will be dismissed, and they don’t want to take on a case like that.
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Call and Schedule Your Free Consultation as Soon as Possible
A lot of people aren’t sure how long they should wait before they call an experienced Connecticut personal injury lawyer. They’re afraid if they hire an attorney too early, they’ll have to pay a third of their money to an attorney for no reason.
If they wait too long, they run the risk of having their case dismissed. The good news is that the statute of limitations for personal injury in Connecticut is two years. This gives you plenty of time to meet with an attorney, settle your case or file suit if necessary.
The best thing to do is file your claim against the defendant’s insurance policy. If the claim is paid right away, then you have no reason to hire a Connecticut personal injury lawyer. If your claim is denied or the insurance company is dragging their feet, then you have no choice.
You should call and talk to the skilled injury attorneys at Injured CT who can let you know what your options are. You can schedule a free consultation so you can find out if your case has merit. Your attorney is going to be upfront and honest with you from the start.
If you do have a claim, then you need to be mindful of the statute of limitations period. The consultation is free, so you have nothing to lose.