What happens if I do not settle my personal injury claim before the statute of limitations in Connecticut (CT)?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What happens if I do not settle my personal injury claim before the statute of limitations in Connecticut?

Short answer

If you do not resolve your personal injury claim and you also do not start a lawsuit before Connecticut’s statute of limitations runs, your claim will most likely be barred. That means the defendant can ask the court to dismiss your case and you generally will lose the right to recover money for your injury. In Connecticut, the standard statute of limitations for most personal injury (tort) claims is two years from the date the injury was inflicted (Conn. Gen. Stat. § 52-577). For the statute text, see: Conn. Gen. Stat. § 52-577.

Detailed answer — what actually happens if you miss the deadline

1) Your claim becomes time-barred in most circumstances. If you fail to file a complaint in court before the two-year limit (or any other applicable shorter period), the defendant can raise the statute-of-limitations as an affirmative defense and ask the court to dismiss your case.

2) Courts will usually refuse to hear the merits. When a claim is time-barred, the court normally will not consider whether the defendant was negligent or whether your damages are real. The procedural time limit defeats the substantive claim.

3) Limited exceptions may apply, but they are narrow. Connecticut law and case decisions recognize certain exceptions or tolling rules in limited situations — for example, where the plaintiff was a minor, where the defendant fraudulently concealed the cause of action, or where some statutory tolling or disability rule applies. These exceptions are fact-specific and often require legal argument and proof. Because exceptions vary, you must obtain advice quickly if you think one might apply.

4) Settlement talks usually do not stop the clock unless you have a written tolling agreement. Simple settlement negotiations do not automatically extend the statute of limitations. To protect your rights while you negotiate, many people have their attorney file a complaint before the deadline and continue negotiations afterward; a filed complaint preserves the claim while talks continue.

5) Different types of claims and different defendants can have different deadlines. Some claims (for example, certain medical malpractice or claims against government entities) have special notice requirements and shorter deadlines. Municipal defendants often require pre-suit notice within a limited time. Always check the rules that apply to your specific type of claim.

6) If you file just after the deadline, courts will likely dismiss your case unless an exception clearly applies. Filing even a day late typically exposes you to dismissal, because statutes of limitation are strictly enforced unless a recognized tolling or exception applies.

Practical steps to protect your claim

  1. Confirm the deadline. Determine the exact date the statute of limitations runs. For ordinary personal injury claims in Connecticut, start from the date the injury was inflicted under Conn. Gen. Stat. § 52-577: https://www.cga.ct.gov/current/pub/chap_900.htm#Sec52-577.
  2. Preserve evidence now. Preserve records, photos, medical bills, witness names, and any other evidence. Preservation is important whether you plan to sue or settle.
  3. If you are unsure whether to settle, consider filing a complaint before the deadline. Filing a suit preserves your right to sue and does not prevent later settlement. Your attorney can often file and then pursue settlement while litigation is pending.
  4. Consider a written tolling agreement. If the defendant agrees, you can sign a written agreement to extend the time to file while you negotiate. Oral promises rarely protect you.
  5. Check for special rules. If your claim involves a government entity, a minor, or a medical-malpractice matter, check for shorter notice periods or special discovery rules that change deadline dates.
  6. Talk to an attorney promptly. Time limits are strict. If you think you are close to or past the deadline, consult a Connecticut personal injury attorney immediately to evaluate tolling, exceptions, and filing options.

Helpful hints

  • Do not rely on settlement discussions alone to protect your rights — put any agreed extension in writing.
  • Filing a lawsuit preserves your claim and keeps settlement options open; you can dismiss the case later if you reach a deal.
  • If you were a minor when injured, the clock may be tolled; an attorney can explain how that affects your deadline.
  • If the defendant concealed the injury or evidence, courts may allow extra time under fraud-based tolling doctrines — these are complex and time-sensitive.
  • Document all contact with insurers, defendants, and potential witnesses; dates and details matter when proving when you knew about the injury.
  • Ask a lawyer to calendar the deadline and to explain whether any special statutes apply to your situation (municipal defendants, medical claims, product liability, etc.).

Where to get more help

If you face an approaching deadline or believe the statute of limitations has expired, contact a Connecticut personal injury attorney promptly. An attorney can review whether any tolling exception applies, whether you have special notice requirements, and the best immediate steps to preserve or pursue your claim.

Disclaimer: This article explains general principles of Connecticut law as of its writing and is provided for educational purposes only. It does not constitute legal advice, create an attorney-client relationship, nor substitute for personalized legal advice from a qualified attorney. If you need legal advice about your situation, consult a licensed Connecticut lawyer promptly.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.