The law can have some very strange holdovers from previous times. In Connecticut, before the state can be sued, the state must first grant permission to be sued. This could be called “the king can do no wrong” law, dating back to medieval England.
You Can’t Sue Connecticut Unless the State Permits the Lawsuit
As can be imagined, getting permission from the state to sue them isn’t easy. It’s necessary to contact the Office of the Claims Commissioner who has two years to decide whether or not to approve the lawsuit.
The Investigation
In 2015, an investigation found that permission to sue the state had been granted in some instances after the expiration of the two-year deadline, potentially invalidating those cases. The investigators found about 125 pending cases that had been waiting more than two years. Obviously, this three-person taxpayer-funded office isn’t motivated to move quickly or to encourage lawsuits against the state.
The investigation into this office was triggered by a $20 million claim filed by the father of a 3-year-old girl who was beaten to death by the mother and her boyfriend. The father wanted to file a wrongful death lawsuit against Connecticut. He alleged that the Department of Children and Families had been aware that the child was being abused but did nothing to protect her. Investigators discovered that permission for the lawsuit was granted after the two-year deadline had passed.
Suing for Defective Highways
Connecticut law does allow an injured person to sue for damages caused by a defective state highway. However, this is only possible if the sole cause of the injuries was the defect in the highway. Alternatively, a claim could be filed with the Office of the Claims Commissioner. Connecticut is not completely immune from lawsuits, but it could be said that it’s not from lack of trying.
Not all attorneys have successfully sued Connecticut, but Stephen M. Reck’s Personal Injury Law Firm in Norwich CT has done so. His client received a jury verdict of $472,048.11 after being seriously injured in an accident involving a DOT dump truck. Initially, the state had offered nothing to the injured victim and would not settle.
If you have been injured because of someone’s negligence, even if it’s the state, contact this Personal Injury Law Firm in Norwich CT. To learn more and view results of other cases, Click Here.
