Connecticut Personal Injury Law

Statutes of Limitations: The amount of time you have to sue whoever caused your injury or damage.

• Personal Injury – 2 years from when the injury was discovered. 3 years from the act that caused the injury
• Damage to Personal Property – 3 years
• Medical Malpractice – 2 years from the date of the injury. 3 years from the date of the act
• Legal Malpractice – 2 years
• Other Professional Malpractice – 2 years

Where to Sue:

• Personal injury claims under $5,000 - Connecticut Small Claims Court
• Personal injury claims over $5,000 - Connecticut Superior Court

How to Sue:

Small Claims Court:

• Forms: Small Claims Writ and Notice of Suit (Form JD-CV-40).
• Where to file: If either party is a resident of Connecticut, file your suit where either the plaintiff or the defendant resides. If neither the plaintiff nor the defendant is a Connecticut resident, file your personal injury lawsuit where the injury occurred.
• How to notify the defendant (service): The defendant may be notified by personal service by a state marshal, peace officer, or an adult uninterested in the proceedings.
• Proving the defendant was notified: The process server should file a "Return of Service" with the clerk of the Small Claims Court.
• Attorneys: Legal representation is permitted in Connecticut Small Claims Court.
• Appealing a small claim: Neither party has the right to appeal the decision of a Connecticut Small Claims Court.

Connecticut Superior Court: Before initiating your personal injury lawsuit, obtain advice from a personal injury attorney. Filing and preparing for a personal injury case can be highly complex. Mistakes in filing or preparing your case can result in the dismissal of your claim, loss of your claim, or court fines.

• Forms: Civil Summons (Form JD-CV-1); Complaint.
• How to File: The Civil Summons and Complaint should be filed with the clerk of the Connecticut Superior Court in the county where you are filing suit.
• How to Notify the Defendant: A state marshal, peace officer, or disinterested adult should personally serve the defendant the Connecticut Civil Summons and the plaintiff's Complaint. Alternatively, the paperwork may also be mailed to the defendant by first class mail.

What to Do if You Are Being Sued:

• Time to respond to a Summons in Connecticut: Within 2 days of the return date.
• Consult with an experienced attorney.
• Contact your insurance company if the plaintiff's injury occurred at your place of residence or place of employment. If your insurance policy covers the incident that caused the injury, your insurance company will give you legal representation.

What to Do if a Judgment Was Entered Against You: Not responding to a Connecticut Civil Summons and Complaint within 2 days of the return date listed on the service of process, will result in a default judgment against you. A default judgment means that the plaintiff will automatically be awarded the amount he requested in his complaint, and you must pay the judgment.

• Time to Set Aside a Judgment in Connecticut:
  • A Connecticut court can set aside a judgment if the defendant was not properly notified of the suit, for mistake, inadvertence, surprise, or excusable neglect, or for fraud or newly discovered evidence for up to one year after entry of the judgment
  • A Connecticut court may set aside a judgment at any time if the defendant did not receive proper notice, or if the judgment is void
• Get in contact with an attorney if the court has entered a default judgment against you.

Ways to Collect Your Judgment:

• If you are successful in your Connecticut personal injury lawsuit, and the defendant refuses to pay the judgment, you can collect the judgment by asking the court to issue an order garnishing the defendant's bank account or wages, or by putting a levy on the defendant's property.
• Request help from a Connecticut debt collection lawyer.