When injured on government property or by the negligence of a public employee, pursuing compensation can be more challenging than in regular personal injury cases. In Connecticut, personal injury claims against public entities, such as government agencies or municipal departments, are governed by unique rules. Understanding these complexities can help you protect your rights and navigate the process successfully. This article covers key aspects of filing a personal injury claim against public entities in Connecticut, including sovereign immunity, shortened statutes of limitations, procedural requirements, and limitations on damages.

What Is a Public Entity Claim?

A public entity claim refers to a legal action brought against a government agency, department, or public organization. Injuries caused by negligence on public property—like slipping on a poorly maintained sidewalk, accidents in public parks, or incidents involving public transportation—fall under this category. Pursuing these claims involves several legal barriers not present in private injury claims, including procedural complexities, shorter deadlines, and limited compensation options.

The Doctrine of Sovereign Immunity in Connecticut

Sovereign immunity protects government entities from lawsuits, making it harder to hold them liable for injuries. Traditionally, sovereign immunity completely shielded the government from legal actions. However, Connecticut law offers limited exceptions where individuals can file claims for injuries caused by public entities or employees acting within their job duties.

Common Scenarios Where Sovereign Immunity May Not Apply:

• Negligence by a government employee in the operation of a public vehicle
• Defects in public roads or sidewalks that result in injury
• Dangerous conditions on public property (e.g., public swimming pools, parks, or municipal buildings)

These exceptions allow injured individuals to file claims, but they must follow strict procedures to do so.

CT Statutes of Limitations and Notice of Claim Requirements

One of the key differences in public entity claims is the shortened statute of limitations. In Connecticut, injured individuals generally have two years to file personal injury lawsuits. However, claims against government entities typically require more immediate action through the filing of a notice of claim.

Filing a Notice of Claim:

• The injured party must notify the responsible public entity within 90 days of the injury.
• The notice must contain specific information, such as:
  • The location, date, and time of the accident
  • A description of the injury and how it occurred
  • Contact information for the injured party and any witnesses

Failure to file the notice within this timeframe may result in the claim being dismissed. This strict deadline is one reason why injured parties should act promptly when pursuing public entity claims.

Procedural Requirements: The Notice of Claim

The notice of claim is an essential step in pursuing compensation. It serves to notify the government entity of the injury and the intent to seek damages. Once the notice is filed, the public entity can investigate the matter and potentially negotiate a settlement before the claim escalates to a lawsuit.

• Some claims may also require a pre-suit hearing to determine if the injury claim has legal merit.
• If the public entity rejects the claim or offers insufficient compensation, the injured party can then file a formal lawsuit within the applicable deadline.

Limitations on Damages in Connecticut Public Entity Claims

Another significant challenge in public entity claims is the limitation on damages. Connecticut law places caps on how much compensation an injured person can recover from government agencies, limiting their financial exposure.

Common Damage Limitations Include:

• Caps on non-economic damages: Emotional distress or pain and suffering may be subject to limitations.
• Limited punitive damages: In most public entity claims, punitive damages, which aim to punish reckless behavior, are either restricted or unavailable.
• Special caps for claims involving public safety agencies: Cases involving police or fire departments may face even stricter limits on compensation.

Given these restrictions, injured parties must carefully calculate the total damages they are seeking to ensure they can recover all eligible losses.

Why a Legal Strategy is Essential in Public Entity Claims

The complex procedures and restrictions involved in claims against public entities require a well-planned strategy. Failing to meet deadlines, properly document the injury, or follow the procedural requirements can result in losing the right to seek compensation. Working with an attorney experienced in handling public entity claims can make a significant difference in navigating these legal obstacles.

Key Steps to Take When Pursuing a Claim:

• Document the injury thoroughly: Take photographs and videos, collect witness statements, and obtain medical records.
• File the notice of claim promptly: Missing this deadline can jeopardize your entire claim.
• Talk to an experienced attorney: A lawyer will ensure compliance with all procedural requirements and help negotiate with the public entity.

Conclusion

Filing a personal injury claim against a public entity in Connecticut comes with unique challenges, including sovereign immunity, strict deadlines, complex procedures, and limits on compensation. While exceptions to sovereign immunity allow certain claims to proceed, injured parties must act swiftly by filing a notice of claim within the required timeframe. Additionally, it’s important to accurately assess the value of your claim since there are limits on how much you can recover.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating personal injury claims in Connecticut can be challenging. Fortunately, you don't need to do it alone. The experienced 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.