Can I still sue even if the statutes of limitations ran out?

Asked on December 6, 2015 under Malpractice Law, Connecticut


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When the statute of limitations has tolled (expired), the case is barred.  The opposing party will prevail in asserting the statute of limitations as a defense to the lawsuit.
In CT, a lawsuit in a medical malpractice case must be filed two years from the date when the injury  is first sustained or discovered or in the exercise of reasonable care should have been discovered.  The law also requires that the lawsuit be initiated within three years from the date or act of omission complained of.
Since four years have elapsed since the act constituting medical malpractice occurred in your case, your claim is barred by the statute of limitations. Therefore, you won't be able to file your  lawsuit.

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