In an effort to bring Connecticut in line with the rest of the states and provide justice for children injured by negligence, the state senate recently voted to extend the time that minors have to file personal injury and medical malpractice claims.
As I discussed here, there are many things that make lawsuits for injuries to minors unique. Among them is the fact that minors cannot file lawsuits on their own behalf to recover damages for their injuries – their parents have to file a claim for them. If the parents for whatever reason don’t seek compensation for the child’s injury, once that child becomes an adult and has standing to bring a claim, they often can’t because the statute of limitations has run.
Currently, the statute of limitations requires that a lawsuit be filed within two years of the date of the injury, meaning that someone injured at 15 years-old is out of luck if he wants to bring a claim upon turning 18.
Senate Bill 1028 as approved would allow for minors to bring actions for negligence, reckless misconduct, and medical malpractice up to one year after they turn 18, but in no event more than eight years from date of the injury. Extending a statute of limitations in this way is known as “tolling” and Connecticut is the only state that does not toll its statute of limitations in some way.
Many injuries to children do not fully manifest themselves for years, and the impact of childhood injuries may grow as the child grows. Denying justice to injured individuals simply because they were children or teenagers at the time someone else’s negligence or misconduct hurt them is manifestly unfair. Along with the Connecticut Trial Lawyers Association, I fully support this bill and for the sake of injured kids in Connecticut, hope that it becomes law.
Jim Nugent: Helping Connecticut Families Deal With Injuries to Children
If your child has been seriously injured or killed in a tragic incident, whether it be a car accident, playground mishap, dog attack, or an incident at a day care center, it is important that you speak with a Connecticut personal injury attorney who has experience dealing with the unique issues and challenges involved in handling child injury cases. There are time limits as to when such claims must be filed, so reach out to an attorney as soon after the incident as you can. Call us today at (203) 795-1111 for a free consultation.