With the Connecticut courts cutting back on scheduling hearings and jury trials due to the coronavirus you may think of putting your legal battles off. That is definitely the wrong decision. We need to get ahead of the coronavirus with social distancing. You also need to get ahead of the lineup for the courts when they return to full service.
As a result of the coronavirus pandemic, and in recognition of the public health emergency declaration Governor Lamont issued, Connecticut’s Judicial branch has rightfully made some changes to how it is handling court matters. Pursuant to the court’s Covid-19 Notice, https://www.jud.ct.gov/COVID19.htm, as posted on March 13. 2020, the court will schedule and hear only those matters that the court defines as “Priority 1 Business Functions”. These functions are defined as criminal arraignments, juvenile detention hearings, and mostly matters of an emergency nature, like applications for relief from abuse and similar. Click on the link to see the complete Notice.
The notice clearly states though “that the courts of the State of Connecticut are open and will remain open”. That means that the court is continuing to accept filings on court matters and that statutes of limitations are still in effect.
What is the statute of limitations? If you have been injured in any way, be it an auto accident, dog bite, slip and fall, or breach of contract, fraud, or anything else, the time for you to seek damages for your injury is limited. Failing to file your case for damages before the running of the relevant statute of limitations can result in your losing your right to damages. Statute of limitations are not now limited by the court’s emergency measures. Waiting for the court to get back to full speed could cost you your recovery.
Statute of limitations are defined as a time certain for starting a case. Failing to start your case before the relevant statute of limitations expires can result in your case being dismissed and your not being able to recover for your damages. That really sucks but it also sucks that people who make a mistake can be sued for their mistakes the rest of their lives. That is why you’ll notice a wide variety of final dates that are set by the Connecticut Statutes limiting when you can file a lawsuit by. Many of these statutes of limitations can be found in Chapter 926 of the Connecticut General Statutes.
The start of that time certain usually does not begin until the moment the injured party know, or should have known, that they suffered harm or an act occurred breaching a contract. Many exceptions to the start date for determining statues of limitations. Understanding all of the exceptions is difficult for even experienced attorneys. The court hears many arguments over start dates regularly with varying results dependent on many factors, including statutory rules, the facts of the case, and the direction the court is going in interpreting those factors.
A perfect example of problems in determining a start date for statute of limitations is when a doctor mistakenly leaves a surgical tool behind in the patients body. The date the mistake occurred does not start the time period running for statute of limitations purposes. That start date would not start until the patient could reasonably been aware of the tool in side him or her. Arguments exist whether that start date is when the patient first questioned why their post surgical pain was not going away or when the finally were tested for that pain and saw the tool in an x-ray test.
Waiting to file a lawsuit is never recommended. Especially in a medical malpractice case. Unlike standard damage cases, medical malpractice cases come with additional rules requiring a certificate that there are grounds for a good faith belief that there has been negligence in the care or treatment of the claimant. That certificate must come from a health care provider similar to the treater in question. Without that certificate of good faith medical malpractice actions can not be filed. Getting that certificate of good faith requires time. Medical notes from the treater have to be first requested from the treater and then reviewed by that health care provider. Finding that health care provider to begin with takes time. Sometimes you may find that an additional health care provider is needed to get that certificate of good faith. That all takes time and effort. During which time the statute of limitations continues to run.
Non-medically related lawsuits also come with dates certain when your right to file for your damages ends. Miss the final date of that statute of limitations and all your work can be for naught. For that reason it is recommended you retain an experienced attorney for your matter. They are familiar with meeting all requirements to protect your case from that statute of limitations running.
Don’t wait until the last minute to retain an attorney. Most attorneys will not accept a case a short time before the statute of limitations runs. Time is needed for the attorney to do due diligence to determine there is a proper basis for your case.
None of that time waits for the emergency measures presently in effect to end. Instead your right to sue based on relevant statute of limitations will expire. As Covid-19 continues to impact our world the rules of court may change. But for now, you need to act to protect your rights.
If you were injured by another party for any reason, be it breach of contract, fraud, medical malpractice, or anything else, we can help. Call Jerome N. Goldstein, Attorney at Law for your initial consultation at 203-929-7773 or ask for your consultation through the form at www.GoldsteinLawCT.com.
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