Understanding Connecticut’s Statute of Limitations for Car Accidents and Wrongful Death Claims

Knowing how Connecticut’s statute of limitations applies after a car accident or wrongful death can mean the difference between recovering fair compensation and losing your right to file a claim. These deadlines are strict and often confusing, especially for victims in Waterbury, Wolcott, or Naugatuck, where serious motor vehicle collisions frequently occur on I-84 or Chase Parkway. A skilled New Haven County personal injury attorney can review your case, explain the applicable laws, and ensure that every filing is made before time runs out.

For residents of Waterbury and nearby communities, getting prompt legal advice is critical after any motor vehicle collision. An experienced Waterbury automobile accident lawyer can help you meet every legal requirement, deal with insurance companies, and pursue the compensation you deserve. Do not wait until it is too late. Contact DeFronzo & Petroskey, P.C. today at (203) 756-7408 to schedule a consultation and protect your rights.

Connecticut’s Car Accident Statute of Limitations

Understanding how long you have to file a lawsuit after a car accident is crucial for protecting your legal rights. In Connecticut, strict deadlines apply, and missing them can permanently bar your claim. Below, we explain how the state’s statute of limitations works for car accident cases, including the key exceptions and potential pitfalls to avoid.

C.G.S. § 52-584

Most car accident claims in Connecticut are based on negligence, meaning another driver, person, or entity failed to use reasonable care, and that failure caused your injuries.

The law governing these claims is Connecticut General Statutes § 52-584, which provides:

“No action to recover damages for injury to the person… caused by negligence… shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered…”

For most accident victims, this means you have two years from the date of the crash to file a lawsuit. If you miss that two-year deadline, the court will likely dismiss your case, no matter how strong your claim is.

The “Discovery Rule”: What If You Don’t Know You’re Hurt?

The statute also contains an important exception: “or discovered or in the exercise of reasonable care should have been discovered.” This is known as Connecticut’s discovery rule.

The discovery rule recognizes that not all injuries are immediately obvious. You might walk away from a collision with only minor soreness, only to learn months later that you have a serious, accident-related herniated disc. In such cases, the two-year clock may start on the date you discover your injury, or when you reasonably should have discovered it, rather than on the date of the accident itself.

This rule helps protect victims whose injuries develop over time, allowing them to pursue a claim once the full extent of their injuries becomes clear. However, the discovery rule cannot extend the three-year statute of repose in § 52-584 — even if the injury is discovered later.

Connecticut’s 3-Year “Statute of Repose”

While the discovery rule offers flexibility, it has a strict limit that can catch unsuspecting victims off guard. The second part of C.G.S. § 52-584 states:

“…and except that no such action may be brought more than three years from the date of the act or omission complained of…”

This provision creates a statute of repose, which sets an absolute three-year deadline from the date of the negligent act (typically, the date of the crash). Unlike the discovery rule, this three-year period cannot be extended, even if you discover your injuries later.

These two time limits, the two-year discovery rule and the three-year statute of repose, run on separate tracks. This can lead to harsh results for victims who learn of their injuries too late.

Example:

Imagine you are in a car accident on March 1, 2024, and initially feel fine. On May 1, 2027, more than three years later, you are diagnosed with a severe spinal injury linked to the crash. Although your injury was only recently discovered, the three-year statute of repose expired on March 1, 2027, permanently barring your claim.

This example shows why it is essential to act quickly after an accident. Consulting an experienced personal injury attorney early on ensures that critical deadlines are met, even if your injuries are not immediately apparent.

The Statute of Limitations for Wrongful Death

Losing a loved one in a car accident is devastating, and when another person’s negligence is to blame, the law allows the family to seek justice through a wrongful death claim. However, the time limits for filing these claims are different from those for personal injury cases and can be complex. 

C.G.S. § 52-555

Wrongful death actions in Connecticut are governed by Connecticut General Statutes § 52-555. This law sets the basic time limit for filing such claims and specifies that they must be brought by the executor or administrator of the deceased person’s estate.

The statute provides:

“…provided no action shall be brought… but within two years from the date of death…”

In practical terms, this means the deceased person’s family, through the estate’s representative, has two years from the date of death to file a lawsuit against the responsible party. Failing to file within this two-year window typically means the right to recover damages is lost.

The 5-Year Statute of Repose: The Greco Case and a Harsh Reality

In addition to the two-year limit, C.G.S. § 52-555 also includes a five-year statute of repose, which states:

“…and except that no such action may be brought more than five years from the date of the act or omission complained of.”

This statute of repose acts as an absolute cutoff, measured from the date of the wrongful act (such as the car crash), not the date of death.

This creates a harsh reality for some families. Imagine a person is severely injured in a car accident and survives for six years before tragically passing away from those injuries. When the person dies, the two-year statute of limitations from the date of death begins to run. However, because more than five years have passed since the accident, the family’s wrongful death claim is already barred by the statute of repose.

This strict interpretation was confirmed by the Connecticut Supreme Court in Greco v. United Technologies Corp.. The court held that the five-year repose period is an absolute bar, even if the victim or their family could not have known about the claim before it expired. This decision underscores how critical it is to consult with an attorney as soon as possible after a catastrophic injury, even if the injured person is still alive but in serious condition.

The Criminal Conviction Rule

Connecticut law does recognize one major exception to the five-year repose period. Under C.G.S. § 52-555(b), the five-year limitation does not apply if the at-fault party has been convicted or found not guilty by reason of mental disease or defect of certain serious crimes related to the death.

These qualifying offenses include:

• Murder (§ 53a-54a)
• Murder with Special Circumstances (§ 53a-54b)
• Felony Murder (§ 53a-54c)
• Arson Murder (§ 53a-54d)
• Manslaughter in the First Degree (§ 53a-55)
• Manslaughter in the First Degree with a Firearm (§ 53a-55a)

If such a conviction occurs, a wrongful death lawsuit may be brought at any time, regardless of when the negligent act took place. This exception ensures that victims’ families are not denied justice in cases involving criminally reckless or intentional acts that lead to death.

Waterbury Automobile Accident Lawyer Dan Petroskey

When the “Two-Year Rule” Doesn’t Apply

Knowing the exceptions to Connecticut’s statute of limitations can be the difference between recovering full compensation and losing your right to file a claim altogether. These exceptions are often misunderstood, and insurance companies know it. They may quietly rely on your lack of knowledge to run out the clock before you realize your rights are gone. Below are some of the most common traps that catch unrepresented victims off guard.

Claims for Injured Minors

One of the most critical and misunderstood areas of Connecticut law involves claims on behalf of injured minors. Many people assume that if a child is hurt, the statute of limitations is paused until the child turns 18. In most other states, this is true. However, Connecticut does not pause the clock for minors in negligence cases.

The Connecticut Supreme Court has clearly ruled that C.G.S. § 52-584, the state’s negligence statute, “cannot be construed as embodying an exception by implication in favor of an unemancipated minor.” In other words, the two-year and three-year time limits apply to minors in the same way they do to adults.

The legislature has created special exceptions for certain types of cases, such as sexual assault under C.G.S. § 52-577d, but it chose not to do so for negligence or car accident claims. This omission is intentional.

For parents, this has serious implications: you do not have until your child turns 18 to file a claim. You must file on your child’s behalf within the same two-year statute of limitations and three-year statute of repose that apply to adult victims. Waiting, even with the best intentions, can permanently extinguish your child’s right to compensation.

Claims Against the Government

If your car accident involves a government entity, the deadlines are even shorter and more complicated.

• Municipal Roads and Bridges (C.G.S. § 13a-149): If your accident was caused by a defective road or bridge maintained by a city or town, you must give written notice within 90 days of the injury to the town or city clerk. You then have two years from the date of the accident to file suit.
• State Roads and Bridges (C.G.S. § 13a-144): If a state highway or other road under the Department of Transportation’s control caused the crash, you must give notice to the Commissioner of Transportation within 90 days for injuries, or 180 days for deaths. You then have two years to file your lawsuit.
• Municipal Vehicles (C.G.S. § 7-465): If a municipal employee (like a city snowplow driver) causes an accident while working, you must give the town clerk written notice within six months and file suit within two years. The employee is the named defendant, and the municipality is required to indemnify them if they acted within the scope of their job.
• State Vehicles (C.G.S. § 52-556): For accidents caused by state-owned, state-insured vehicles, you can file a direct lawsuit against the State of Connecticut in Superior Court. You do not need to go through the Claims Commissioner process.
• Other Claims Against the State (C.G.S. § 4-148): For negligence by the State not covered by § 52-556 or § 13a-144, you must file a notice of claim with the Office of the Claims Commissioner within one year after the claim accrues. Missing this step will permanently bar your claim.

Importantly, this notice is not the same as filing a lawsuit. It is a condition precedent, meaning you must complete it before you are legally allowed to sue. Missing these notice deadlines will permanently bar your claim, even if you are still within the normal two-year filing period for negligence.

Uninsured (UM) and Underinsured (UIM) Motorist Claims

When you are injured by a driver who has no insurance or not enough coverage, your claim usually goes through your own insurance policy under uninsured (UM) or underinsured (UIM) motorist coverage. These claims are contractual, not negligence-based, so C.G.S. § 52-584 does not apply.

The governing law, C.G.S. § 38a-336, provides that your policy cannot limit your time to file a UM or UIM claim to less than three years from the date of the accident.

However, underinsured motorist claims are more complicated because you must first exhaust the at-fault driver’s insurance policy, meaning you must settle that claim before pursuing your own insurer. This process can easily take longer than three years.

The law under C.G.S. § 38a-336(g)(1) provides that a UM or UIM claim cannot be limited to less than three years from the date of the accident.

For underinsured motorist (UIM) claims, you can toll the three-year limit if you:

• Notify your insurer in writing of the potential claim before the three-year period expires, and;
• File suit or demand arbitration within 180 days after you have exhausted the at-fault driver’s liability insurance through settlement or judgment.

Additionally, if the at-fault driver’s insurer later denies coverage or becomes insolvent more than two years after the crash, you have one year from the date of that denial or insolvency notice to bring a UM claim.

When a Defendant Hides Their Guilt: Fraudulent Concealment

In rare cases, an at-fault party may attempt to hide their wrongdoing to prevent you from discovering your claim in time. Connecticut law addresses this through C.G.S. § 52-595, which pauses the statute of limitations if a person fraudulently conceals the existence of the cause of action.

The law states that the clock does not begin to run until “the person entitled to sue thereon first discovers its existence.” To prove fraudulent concealment, you must show that the defendant:

• Knew the relevant facts,
• Intentionally concealed them from you, and
• Did so to prevent you from filing your claim in time.

This is a high standard and requires clear evidence of deception, but when proven, it ensures that wrongdoers cannot escape liability by hiding the truth.

Situation	Deadline / Statute	Key Details
Claims for Injured Minors	2 years from date of injury or discovery; maximum of 3 years (C.G.S. § 52-584)	Connecticut does not pause the statute of limitations for minors in negligence cases. Parents must file the claim within the normal time limits.
Claims Against the Government	Municipal roads – 90 days notice, sue in 2 years (C.G.S. § 13a-149) State roads – 90 days for injury, 180 days for death, sue in 2 years (C.G.S. § 13a-144) Municipal vehicles – 6 months notice, sue in 2 years (C.G.S. § 7-465) State vehicles – direct suit allowed (C.G.S. § 52-556) Other state negligence – file claim notice in 1 year (C.G.S. § 4-148)	Strict notice deadlines apply before lawsuits can be filed. Missing notice can bar the claim even if still within the regular two-year limit.
Uninsured (UM) and Underinsured (UIM) Motorist Claims	Minimum 3 years from the date of the accident (C.G.S. § 38a-336); may be extended	These claims are contract-based. If the insurer is notified before the 3-year limit and suit or arbitration is filed within 180 days after exhausting the other driver’s insurance, the time limit can be tolled.
When a Defendant Hides Their Guilt: Fraudulent Concealment	Statute tolled until discovery (C.G.S. § 52-595)	The clock does not run until the plaintiff discovers the claim. Requires proof that the defendant intentionally concealed the facts to prevent timely filing.

Why Acting Quickly Matters After a Connecticut Accident

The time limits set by Connecticut law can make or break your case. Once the statute of limitations expires, no matter how valid your claim may be, the right to pursue compensation is lost forever. Taking action early allows you to preserve vital evidence, document your injuries, and ensure every legal requirement is met on time.

Whether the case involves serious injuries or a tragic loss, prompt action gives you the best chance to hold the responsible party accountable. Being proactive allows you to protect your rights, strengthen your claim, and move one step closer to justice and closure.

If you or a loved one has been affected by a serious crash in Waterbury, Middlebury, or Prospect, do not wait to get help. Our experienced Waterbury automobile accident lawyers at DeFronzo & Petroskey, P.C. can guide you through every step of the process, from gathering evidence to filing claims in the Waterbury Superior Court. Proudly serving families throughout New Haven County, our firm offers local insight, proven results, and the personal attention your case deserves. Call (203) 756-7408 today for a free consultation and personalized legal support close to home.