Waterbury Car Accident Attorney Dan Petroskey Explains When Connecticut's Two-Year Statute of Limitations Does Not Apply

WATERBURY, CT - Injured drivers and passengers in Connecticut may have more time to file a car accident lawsuit than the standard two-year deadline suggests. Waterbury car accident attorney Dan Petroskey of DeFronzo & Petroskey, P.C. (https://www.defronzolawfirm.com/when-statute-of-limitations-does-not-apply-car-accidents-ct/) outlines critical exceptions to Connecticut General Statutes 52-584 that can extend or shorten filing deadlines depending on the circumstances of the case.

According to Waterbury car accident attorney Dan Petroskey, while most personal injury claims in Connecticut must be filed within two years from the date of injury under 52-584, several important exceptions apply. The discovery rule, government claims, fraudulent concealment, wrongful death cases, and product liability claims each operate under different timelines. "Many accident victims assume they have two years to file, but government claims may require notice in as little as 90 days," explains Petroskey.

Waterbury car accident attorney Dan Petroskey emphasizes that the discovery rule allows the two-year clock to start when an injury is discovered rather than when the accident occurred. This exception protects individuals whose injuries are not immediately apparent, such as internal injuries, traumatic brain injuries, or soft tissue damage that worsens gradually. However, Connecticut law imposes an absolute three-year statute of repose, meaning no lawsuit can be filed more than three years from the date of the accident, regardless of when the injury was discovered.

Attorney Petroskey notes that claims against government entities face drastically shorter deadlines than standard personal injury cases. Under Connecticut law, claims against state employees must be presented to the Office of the Claims Commissioner within one year. Municipal claims carry even stricter requirements, with written notice required within six months for city employee negligence and within 90 days for defective road cases. "Missing these shortened deadlines can eliminate your right to compensation entirely, even if you file within the standard two-year period," Petroskey advises.

The firm handles cases where fraudulent concealment has tolled the statute of limitations. Under Connecticut General Statutes 52-595, the limitations period pauses when a defendant intentionally hides facts that would alert an injured party to their claim. This exception requires clear evidence that the defendant knew about fraud or wrongdoing, intentionally concealed those facts, and did so specifically to delay the filing of a lawsuit.

Petroskey explains that wrongful death cases follow different timing rules than personal injury claims. Connecticut General Statutes 52-555 requires wrongful death claims to be filed within two years from the date of death, not the accident date. However, an absolute five-year limit applies, meaning no wrongful death action can be brought more than five years from the date of the negligent act that caused the death.

Product liability claims involving defective vehicles or vehicle parts operate under a three-year statute of limitations and a ten-year statute of repose under Connecticut General Statutes 52-577a. These claims may arise when defective airbags, brake systems, tires, seatbelts, or steering mechanisms cause or contribute to injuries in a collision. "Injured parties can pursue both a negligence claim against the at-fault driver and a product liability claim against the manufacturer, each with different deadlines," notes Petroskey.

The law firm also addresses cases involving defendant absence from Connecticut. Under Connecticut General Statutes 52-590, the statute of limitations pauses while a responsible party is outside Connecticut, extending the deadline by the length of their absence up to a maximum of seven years. This tolling applies when the defendant's absence prevents proper service of legal papers.

Missing the statute of limitations deadline eliminates the right to file a lawsuit and bars recovery of compensation for medical bills, lost wages, and pain and suffering. Connecticut courts strictly enforce these deadlines, and insurance companies may delay negotiations hoping accident victims will miss filing deadlines. For those facing complex statute of limitations questions in Connecticut car accident cases, consulting an experienced attorney can help determine exactly how much time remains and whether exceptions apply.

About DeFronzo & Petroskey, P.C.:

DeFronzo & Petroskey, P.C. is a Waterbury-based law firm dedicated to personal injury law, representing clients in car accidents, motorcycle crashes, pedestrian injuries, and other cases involving serious harm. Led by attorney Dan Petroskey, who has focused exclusively on personal injury law since 2004, the firm serves accident victims throughout New Haven County and across Connecticut. For consultations, call (203) 756-7408.

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