Connecticut Statutes of Limitations for Civil Cases

Overview of Connecticut's Limitations Framework

Connecticut's statutes of limitations are found primarily in Conn. Gen. Stat. § 52-577 et seq. These provisions establish strict deadlines within which civil claims must be filed, and missing these deadlines typically results in permanent loss of the right to sue. The state employs both absolute limitation periods and discovery-rule exceptions for certain claims.

Personal Injury

Limitation Period: 3 years

Statute Citation: Conn. Gen. Stat. § 52-584

When the Clock Starts: The limitations period begins to run on the date of injury or the date the plaintiff discovers (or reasonably should discover) the injury, whichever is later.

Personal injury claims in Connecticut include negligence, assault, battery, and similar tort actions. The discovery rule applies here, meaning if a plaintiff could not reasonably have known about the injury immediately, the statute may not begin running until the injury is discovered. Courts have held that the clock starts when the plaintiff has knowledge of both the fact of injury and its connection to the defendant's conduct.

Breach of Written Contract

Limitation Period: 6 years

Statute Citation: Conn. Gen. Stat. § 52-576(a)

When the Clock Starts: The limitations period begins to run from the date of the breach, not from the date the contract was entered into.

Written contracts receive a longer limitation period than personal injury claims. This applies to any contract that is reduced to writing, including promissory notes evidenced by a written instrument. The key determinant is whether the agreement itself is written; oral agreements within written contracts remain oral contracts for limitations purposes.

Breach of Oral Contract

Limitation Period: 3 years

Statute Citation: Conn. Gen. Stat. § 52-584

When the Clock Starts: The limitations period begins to run from the date of the breach.

Connecticut treats oral contracts the same as general personal injury claims under the three-year rule. This includes informal agreements, oral service contracts, and other non-written agreements. The critical distinction from written contracts is that oral agreements fall under the shorter timeframe, creating significant practical incentives for parties to memorialize agreements in writing.

Fraud

Limitation Period: 3 years

Statute Citation: Conn. Gen. Stat. § 52-584

When the Clock Starts: The limitations period begins to run from the date the plaintiff discovered (or reasonably should have discovered) the fraud.

Fraud claims benefit from Connecticut's discovery rule. The statute does not begin running until the plaintiff knows or should reasonably know: (1) that a misrepresentation was made, (2) that it was false, and (3) that it was made with fraudulent intent. This discovery requirement prevents defendants from hiding fraud and then claiming the statute has run. However, plaintiffs must still act with reasonable diligence once they discover fraud—unreasonable delay in filing after discovery may still bar recovery.

Property Damage

Limitation Period: 3 years

Statute Citation: Conn. Gen. Stat. § 52-584

When the Clock Starts: The limitations period begins to run from the date of the damage or discovery of the damage.

Property damage claims, whether from negligence, trespass, or conversion, follow the standard three-year rule with discovery-rule protections. If damage is not immediately apparent (e.g., latent defects in a building or gradual environmental contamination), the clock may not start until discovery. However, the property owner's failure to inspect or discover damage may cut off the discovery protection if the damage was reasonably discoverable.

Medical Malpractice

Limitation Period: 2 years from discovery; absolute bar at 3 years from the act or omission

Statute Citation: Conn. Gen. Stat. § 52-584c

When the Clock Starts: The limitations period begins to run from the date the plaintiff discovered (or reasonably should have discovered) the injury caused by medical malpractice.

Repose Period (Statute of Repose): No claim may be brought more than 3 years after the act, omission, or defect that allegedly caused injury, regardless of discovery date.

Connecticut's medical malpractice statute is one of the state's most restrictive provisions. The dual-deadline system creates two critical dates:

This means that even if a plaintiff discovers malpractice 2.5 years after the negligent act, if the act occurred more than 3 years before filing, the claim is barred. The statute applies to all health care providers, including physicians, nurses, dentists, and hospitals. Note that this is not a discovery rule in the traditional sense—it is a shortened period with an unyielding absolute bar.

Wrongful Death

Limitation Period: 2 years

Statute Citation: Conn. Gen. Stat. § 52-555

When the Clock Starts: The limitations period begins to run from the date of death.

Wrongful death claims have a separate, shorter limitation period. This applies when a tortious act causes another person's death. The clock runs from the decedent's death, not from the discovery of facts surrounding it. Only the decedent's estate or statutory beneficiaries (spouse, children, parents) may bring the action. The two-year period is absolute and applies regardless of whether the cause of death was immediately apparent.

Defamation, Libel, and Slander

Limitation Period: 2 years

Statute Citation: Conn. Gen. Stat. § 52-596

When the Clock Starts: The limitations period begins to run from the date of publication (for written libel) or the date of utterance (for spoken slander).

Connecticut's defamation statute is notably short at two years. For libel (written defamation), the clock starts when the statement is published, not when it is discovered by the plaintiff. This means that if a newspaper published a defamatory statement, the clock starts on publication day, even if the plaintiff didn't read it for weeks or months. For slander (spoken defamation), the clock begins on the utterance date. This differs from the discovery rule applied to other torts and creates a strict notice requirement for plaintiffs.

Trespass

Limitation Period: 3 years

Statute Citation: Conn. Gen. Stat. § 52-584

When the Clock Starts: The limitations period begins to run from the date of the trespass or the date of discovery.

Trespass to land or personal property follows the general three-year rule. If the trespass is ongoing (continuing trespass), the statute of limitations may be tolled for each act of trespass. This is an important distinction: a single entry that causes damage is one trespass, but continued, repeated unauthorized use of land may constitute a series of separate trespasses, each with its own limitation period.

Debt Collection and Promissory Notes

Limitation Period: 6 years for written instruments; 3 years for oral agreements to pay debt

Statute Citation: Conn. Gen. Stat. § 52-576(a) (written); Conn. Gen. Stat. § 52-584 (oral)

When the Clock Starts: The limitations period begins to run from the date of the last payment or acknowledgment, not from the original debt date.

Connecticut distinguishes between written and oral debt obligations. A promissory note or written debt instrument gets the full six-year period. However, if a creditor receives a written promise to pay an old debt (a partial payment or acknowledgment), the clock may restart. This gives creditors a mechanism to restart the limitations period, but the acknowledgment must be in writing to be effective under Connecticut's statute of frauds principles. Oral acknowledgments do not restart the clock.

Discovery Rule and Delayed Accrual

Connecticut employs the discovery rule for most tort claims but not for contract breaches or defamation. Under the discovery rule, the statute of limitations begins to run when:

This prevents defendants from benefiting from plaintiffs' lack of immediate knowledge. However, courts interpret "reasonable diligence" strictly—plaintiffs cannot ignore obvious signs of harm and then claim they didn't discover it. In negligence and fraud cases, once a plaintiff has sufficient information to suggest wrongdoing, the clock starts even if the full extent of injury is unknown.

Tolling Provisions

Connecticut recognizes several tolling exceptions that suspend the running of a statute of limitations:

Minority (persons under 18): Conn. Gen. Stat. § 52-593 provides that the statute does not run against minors during their minority. Once the plaintiff turns 18, the statute begins to run. This extension applies even if the parents or guardians could have sued during the minor's infancy.

Mental Incapacity: Conn. Gen. Stat. § 52-593 provides that the statute does not run against persons who are mentally incompetent. The period runs once the person regains competency. Guardianship or incompetency determination is typically required to invoke this tolling.

Absence from the State: Conn. Gen. Stat. § 52-597 tolls the statute for any defendant who is absent from Connecticut. Time spent out of state is not counted toward the limitations period. This tolling applies only to the limitations period itself, not to other procedural requirements.

Military Service: Connecticut courts have recognized tolling for parties on active military duty, though this is not codified in statute. The theory is based on equitable principles of fairness.

Pending Action Against Another Party: Conn. Gen. Stat. § 52-600 provides tolling when a claim is filed against one party but involves the same transaction as a claim against another party. The tolling protects the plaintiff from the threat of overlapping litigation.

Note that tolling is NOT available for a plaintiff's age, residence, or any factor within the plaintiff's control. Courts strictly construe tolling provisions.

What Happens When the Deadline Is Missed

The consequence is permanent bar. Once a statute of limitations expires, the defendant may move to dismiss the claim under Conn. Practice Book § 10-6 (motion to dismiss for failure to state a claim, as amended to include statute of limitations defense). The court must grant the motion; there is no discretion to revive a time-barred claim.

Even if the plaintiff has a strong case on the merits, missing the deadline is fatal. The only exceptions are:

Calculating the Deadline Accurately

Start date: Identify which statute applies and when the clock starts running (breach date, injury date, discovery date, death date, or publication date).

End date: Count forward the applicable number of years. Connecticut days are counted calendar days, not business days. The last day of the period is the deadline for filing.

Example: A personal injury occurs on June 15, 2021. The three-year period expires on June 15, 2024. The plaintiff must file by June 15, 2024 (or on the next business day if June 15 falls on a weekend). Filing on June 16, 2024 is too late.

Filing deadline: The complaint must be filed with the court clerk before the statute expires. Sending a draft to opposing counsel or providing notice does not stop the clock. Only filing with the court counts.

Connecticut-Specific Considerations

No savings clause: Connecticut does not have a broad "savings clause" that extends tolled periods. Once the main statute runs, tolling generally must have been operative during the running period.

Pre-suit notification not required: Unlike some states, Connecticut does not generally require pre-suit notice or demand letters before filing suit. The statute of limitations is the primary deadline.

Relation back of amendments: Under Conn. Practice Book § 10-40, amendments to pleadings may relate back to the original complaint if they arose from the same transaction, provided the defendant received notice. This can sometimes help parties amend to add defendants before the statute runs, but only narrowly.

Continuous representation: When an attorney represents a plaintiff, the attorney's knowledge of the facts generally does not extend the statute of limitations on the client's behalf—each plaintiff must act individually. This is important in mass tort situations.

Key Takeaways