Construction sites are inherently dangerous environments. Workers are often exposed to heavy machinery, hazardous materials, and heights, which increases the likelihood of accidents. In Connecticut, when a construction worker or bystander is injured on a job site, understanding these statutes is essential. This article reviews the statute of limitations for construction injury claims in Connecticut, its impact on potential lawsuits, and what steps victims should take to protect their rights.
Understanding the Statute of Limitations in Connecticut
The statute of limitations refers to the time frame a person must file a lawsuit after an injury or damage occurs. If a lawsuit is not filed within this period, the right to pursue legal action is typically forfeited. In Connecticut, the statute of limitations for personal injury claims, including those arising from construction accidents, is two years from the date of the injury.
Why the Statute of Limitations Matters
The statute of limitations is designed to make sure legal claims are made while evidence is still fresh and available. Over time, memories fade, witnesses may become unavailable, and physical evidence can deteriorate. This makes it challenging to establish a clear case and hold the responsible parties accountable.
Exceptions to the Statute of Limitations
While the two-year rule is standard, there are exceptions that could extend or shorten this period. Understanding these exceptions is vital for anyone considering legal action following a construction injury in Connecticut.
The Discovery Rule
Sometimes, injuries are not immediately apparent. For instance, exposure to toxic substances might not cause noticeable symptoms until months or even years later. Connecticut law allows the statute of limitations to start from the time and date the injury is discovered or should have been discovered rather than the date of the accident itself. This is known as the "Discovery Rule."
Example of the Discovery Rule in Action:
- A construction worker exposed to asbestos might not develop symptoms of mesothelioma until years later. In such cases, the statute of limitations may start from the date the worker is diagnosed with mesothelioma rather than from the date of the initial exposure.
Claims Involving Minors
If the injured party is a minor, Connecticut law permits the statute of limitations to be tolled or paused until the minor reaches 18 years old. This provision ensures that minors who may not be able to make legal decisions for themselves have the opportunity to seek justice once they are legally able to do so.
Claims Against Government Entities
If the construction injury involves a government entity, such as a city or state-run construction project, the statute of limitations may be shorter. In Connecticut, claims against government entities often require a notice to be filed within 90 days of the incident. Failure to comply with these specific procedural rules can bar the injured party from pursuing a lawsuit altogether.
Steps to Take After a Construction Injury
Understanding the statute of limitations is only one part of navigating a construction injury claim. Here are steps that can help ensure that the injured party's rights are protected:
- Seek Immediate Medical Attention: Health and safety should always be the priority. Prompt medical evaluation ensures injuries are documented, which can be vital evidence in a legal claim.
- Report the Injury: Notify the employer or site manager of the injury as soon as possible. This is often required by law and helps create an official record of the incident.
- Document Everything: Keep detailed records of medical treatments, conversations with employers and insurance companies, and any other related documentation, such as photographs of the accident scene.
- Consult an Attorney: A skilled personal injury lawyer will provide invaluable guidance on the statute of limitations and the best course of action.
- File a Claim in a Timely Manner: Make sure that the claim is filed within the appropriate time frame. Missing the deadline might result in losing the right to compensation.
The Role of Comparative Negligence in Connecticut
Under Connecticut's "modified comparative negligence" rule, if an injured party is found to be more than 50% at fault for an accident, they are barred from recovering any damages. If they are 50% or less at fault, their compensation will be reduced proportionately to their degree of fault. This makes it imperative for injured workers to understand how their actions may impact their ability to recover compensation.
How Comparative Negligence Affects Claims:
- Partial Compensation: If a worker is found to be 30% at fault for the injury, their compensation will be reduced by 30%.
- Barred from Recovery: If a worker is more than 50% at fault for the accident, they cannot recover any damages.
Conclusion
Navigating a construction injury claim in Connecticut involves understanding the state's statute of limitations and the exceptions that may apply. The two-year limit for filing personal injury claims can be extended under certain circumstances, such as the discovery of latent injuries or cases involving minors. However, missing these deadlines can result in losing the right to compensation.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Connecticut personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced construction injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.