Connecticut Personal Injury Law Resources

Connecticut offers injured plaintiffs a favorable legal landscape in several important ways. The state imposes no caps on compensatory damages in personal injury cases, follows a modified comparative negligence system that allows partially-at-fault plaintiffs to recover, and is one of the states that mandates uninsured/underinsured motorist coverage for all drivers. However, Connecticut also has unique procedural requirements including strict notice deadlines for government claims and a hard three-year repose period that can trip up the unprepared.

Statute of Limitations

Connecticut's primary personal injury statute of limitations is found at Connecticut General Statutes § 52-584. The law requires that a lawsuit for injury caused by negligence, reckless or wanton misconduct, or medical malpractice be brought within two years from the date the injury is first sustained or discovered, or in the exercise of reasonable care should have been discovered.

However, the statute also imposes a hard outer boundary: no action may be brought more than three years from the date of the act or omission that caused the injury, regardless of when the injury was discovered. This three-year limit functions as a statute of repose and is not a simple extension of the two-year deadline. Once you learn the cause of your injury, you have at most two years to file but if the act occurred two and a half years ago, you may only have six months.

Specific Deadlines

Wrongful death: Under CGS § 52-555, wrongful death claims must be filed within two years from the date of death. If the injury does not cause death immediately, no lawsuit may be filed later than five years from the date of the act that caused the death.

Intentional torts: Claims based on intentional acts (assault, battery) are subject to a three-year statute of limitations from the date of the act.

General torts (catch-all): If a personal injury claim does not fall under a more specific statute, the general tort limitation of three years from the date of the act applies under CGS § 52-577.

Product liability: Product liability actions must be brought within three years from the date the injury is first sustained, discovered, or should have been discovered, but no later than ten years from the date the product was sold to the original consumer.

Tolling

The statute of limitations may be tolled (paused) for minors until they reach the age of majority, and for individuals who are mentally incompetent. Equitable tolling may also apply in limited circumstances.

Government Claims Strict Notice Requirements

Claims against state government entities require a written notice to the Connecticut Office of Claims Commissioner within one year of the injury. You must request permission to sue the state, and if permission is granted, you then have one year from the date of that permission to file the lawsuit.

Claims against municipal governments and their employees require notice within six months of the alleged negligence or violation, and a lawsuit must be filed within two years of the event.

Defective highway claims against the state or a municipality require written notice to the entity responsible for the road, typically within 90 days of the incident.

These notice requirements are strictly enforced failure to provide timely notice can permanently bar your claim regardless of how strong the case may be.

Modified Comparative Negligence (51% Bar)

Connecticut follows a modified comparative negligence rule under CGS § 52-572h. A plaintiff who is partially at fault can still recover damages, but only if their share of negligence is not greater than the combined negligence of all defendants (including settled or released parties). If the plaintiff is found to be 51% or more at fault, they are barred from any recovery.

When the plaintiff's fault is below 51%, the damages are reduced in proportion to the plaintiff's share of responsibility. For example, a plaintiff found 25% at fault with $200,000 in damages would recover $150,000.

Product Liability Exception

Connecticut applies a different standard in product liability cases. Under CGS § 52-572o(a), product liability claims follow a pure comparative negligence rule meaning the plaintiff can recover damages even if their own fault exceeds 50%, with damages reduced proportionally. This is more favorable to plaintiffs than the standard modified comparative negligence rule.

Damage Caps

Connecticut does not impose caps on economic or non-economic compensatory damages in personal injury cases. There is no statutory limit on recoverable medical expenses, lost wages, pain and suffering, emotional distress, or loss of enjoyment of life. A successful plaintiff can collect the full amount awarded by a jury.

Punitive Damages

Connecticut does allow punitive damages in certain cases involving reckless, wanton, or willful misconduct. However, punitive damages in Connecticut are limited they are generally capped at the amount of litigation costs and attorney fees incurred by the plaintiff, rather than serving as a separate windfall. This is a unique approach compared to most states.

In medical malpractice cases, punitive damages are specifically limited to the actual costs of the case and attorney fees.

Connecticut's approach means punitive damage awards tend to be modest compared to states that allow multiplier-based punitive awards.

Joint and Several Liability

Connecticut has abolished the common-law doctrine of joint and several liability through tort reform legislation. Defendants are liable only for their proportionate share of fault, not for the total damages. This means each defendant pays only the percentage of the award that corresponds to their percentage of responsibility.

Auto Insurance Requirements

Connecticut is an at-fault (tort) state. The driver who caused the accident is financially responsible for the other party's injuries and damages.

Connecticut's minimum auto liability insurance requirements are 25/50/25:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property damage

Mandatory UM/UIM Coverage

Unlike most states, Connecticut requires all drivers to carry uninsured/underinsured motorist (UM/UIM) coverage. The minimum UM/UIM limits match the bodily injury liability minimums at 25/50. Drivers can purchase UM/UIM coverage up to double their bodily injury liability limits and may also add conversion coverage, which prevents UM/UIM benefits from being reduced by any payout from the at-fault driver's insurer.

This mandatory UM/UIM requirement provides an important safety net, particularly in hit-and-run situations or crashes involving uninsured drivers.

Driving without insurance in Connecticut can result in fines of $100 to $1,000, license and registration suspension (one month for first offense, longer for repeat offenses), and potential criminal charges (Class C misdemeanor for repeat violations).

Dram Shop Liability

Under CGS § 30-102, alcohol vendors in Connecticut can be held liable to third-party accident victims if they serve alcohol to a minor or to an obviously intoxicated adult. This creates a potential additional source of recovery for victims of drunk driving accidents beyond the intoxicated driver's own assets and insurance.

Social host liability is more limited social hosts can be held liable to third-party victims only if they knowingly serve alcohol to minors.

The dram shop statute includes damage limitations for certain claims, though the cap does not apply when alcohol is served to a minor.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Connecticut are filed in the Superior Court, which is the state's single trial court of general jurisdiction. Connecticut's court system is unified unlike most states, it does not have separate county courts. Cases are filed in the judicial district where the injury occurred or where the defendant resides.

For smaller claims, the Superior Court's Housing Session or Small Claims session may apply depending on the nature and amount of the claim.

Common Types of Personal Injury Cases in Connecticut

Connecticut's mix of urban density, suburban communities, and rural areas generates a diverse range of personal injury claims. Common case types include motor vehicle accidents (particularly along I-95, I-91, and the Merritt Parkway), pedestrian and bicycle injuries in urban areas like Hartford, New Haven, and Bridgeport, premises liability (slip-and-fall, especially winter ice and snow), medical malpractice, product liability, dog bites, construction accidents, and wrongful death.

Connecticut also sees significant litigation involving boating and maritime injuries along Long Island Sound, recreational injuries, workplace accidents (handled primarily through workers' compensation), and nursing home abuse and neglect cases.

This page provides general legal information about Connecticut personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Connecticut to discuss the specific facts of your case.