The Connecticut Senate Judiciary Committee is scheduled to address Senate Bill 1028 which is "An Act Concerning the Tolling of the Statute of Limitations for a Negligence Action Brought by a Minor".
Connecticut is the only state in the country that does not allow some form of tolling for minors injured by the negligence of others. The majority of states allow minors to bring cases after the age of majority which is defined as age eighteen.
The proposed Senate bill 1028 provides a minor with up to eight years after the injury is caused to bring suit but in no event could suit be brought after the person's nineteenth birthday. If this proposed bill were to pass the legislature as written, many initial undiagnosed injuries to a minor could be properly preserved after delayed onset of symptoms and conditions. The particular types of cases that could be applicable could be lead paint ingestion cases, cases involving vehicular head injuries or brain injuries caused during the delivery of a child.
The proposed amendment would become a part of Connecticut General Statute 52-584, a repose statute, which presently requires a negligence case to be brought 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, except that no such action may be brought more than three years from the date of the act or omission complained of.
The proposed amendment, if passed by both houses in its present form, would become effective October 1, 2015 and applicable to all cases pending on and cases filed on or after that date.
The Rotatori Law Firm files many personal injury actions on behalf of seriously injured children who are harmed by the negligence of others. These cases have included school bus accidents, high speed motor vehicle collisions, lead paint ingestion cases and severe burn injuries.
We support this proposed amendment and request that any Connecticut resident that reads this blog contact their state legislator to show your support to help innocent children harmed by the negligence of others so that there full damages may be assessed over an appropriate period of time.
If your child has been injured by the negligence of another, contact The Rotatori Law Firm at 203 626 1446 for help with your child's injury case.