You or a loved one is injured in an accident as a result of the negligence of the town.
After the accident, you trusted your friend’s advice and felt comfortable waiting six months before you contacted a lawyer since you were told you had two years in which to file a lawsuit. However, during your consultation the attorney sympathetically informed you that you have lost your right to take legal action because you waited too long. How could this happen?
While a two-year statute of limitations may coincidentally be accurate in some cases, that does not include possible notice to file requirements. Depending on the facts of the case, the law may require that you notify the defendant in advance of filing suit. Any one of a number of details can completely shift these requirements and time constraints. Two of these critical details are whom will you be taken action against and for what cause of action.
Certain cases against the State and/or the town, alleging negligence, require that you provide the appropriate party, within as little as 90 days of the time of the injury, with the proper statutory notice.
However, it is critical to note that the law mandates multiple requirements each with significant distinctions. There are different statutes, affecting different defendants, affecting different causes or types of actions with different time limitations with different notices to be sent by different means to different parties.
These requirements are found in various sections of the Connecticut General Statutes which must be properly followed in order to preserve your claim.
This subject is highly complicated and is influenced by technicalities and details. If you feel that you may have a claim, it is wise to contact a competent attorney immediately. Many attorneys offer free consultations and getting correct answers promptly may make all the difference. The difference between waiting too long and not collecting any money could be just days away.
Richard P. Hastings is a Connecticut personal injury lawyer at Hastings, Cohan & Walsh, LLP, with offices throughout the state. He has been named a Connecticut Super Lawyer and is the author of the books: "The Crash Course on Child Injury Claims"; "The Crash Course on Personal Injury Claims in Connecticut"; and "The Crash Course on Motorcycle Accidents." He can be reached at 1(888)CTLAW-00 or by visiting www.hcwlaw.com.