Connecticut Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadlines are strict. A claim against the State must be presented within 1 year after it accrues, and no claim may be presented more than 3 years from the date of the act or event complained of (Conn. Gen. Stat. 4-148(a)). Reading the statute or contacting the Office of the Claims Commissioner or the town clerk confirms the current rule.

2. 2

   For State claims, a claim for injury or property damage accrues when the damage is sustained or discovered, or reasonably should have been discovered (4-148(a)).

3. 3

   State claims are filed with the Office of the Claims Commissioner, which forwards a copy to the Attorney General (4-147). A mailed claim is deemed filed on its postmark date, and an electronic one on the date sent. The office asks claimants with email to file by email, and there is no filing fee.

4. 4

   A State claim gives the name, address, telephone number and email of the claimant and of any principal and attorney, a concise statement of the basis of the claim with the date, time, place and circumstances, and the amount requested, showing at least whether it is over or not over $50,000. Add a request for permission to sue the State if you seek it (4-147).

5. 5

   For an injury from a defective town road or bridge, written notice is due within 90 days after the injury to a selectman or the town clerk, or the clerk of the city or borough, or the secretary or treasurer of the corporation. It describes the injury, its cause, and the time and place. Suit is due within 2 years (13a-149).

6. 6

   To sue a municipality together with its employee under Gen. Stat. 7-465, written notice of the intention to commence the action, with the time and place the damages were incurred, must be filed with the municipal clerk within 6 months after the cause of action accrues. Suit is due within 2 years. For any other claim against a town or city, ask its clerk which notice, office and deadline apply.

7. 7

   The Claims Commissioner may order immediate payment of a just claim of up to $35,000 and may recommend payment of a larger one to the General Assembly (4-158(a)). If permission to sue is granted, the suit must be brought within 1 year from the date the authorization becomes effective or permission is granted, whichever is later (4-160).

Connecticut Requirements for Notice of Claim

• State Claim Deadline

  Conn. Gen. Stat. 4-148(a): present the claim within 1 year after it accrues, and never more than 3 years from the date of the act or event complained of.

• Filing with the Claims Commissioner

  Conn. Gen. Stat. 4-147: State claims are filed with the Office of the Claims Commissioner, by mail (filed on the postmark date) or electronically (filed on the date sent); no filing fee.

• Amount Requested

  Conn. Gen. Stat. 4-147: the State claim states the amount requested, showing at least whether it is not in excess of, or in excess of, $50,000.

• Suit After Permission

  Conn. Gen. Stat. 4-160: once permission to sue is granted, sue within 1 year from the date the authorization becomes effective or permission is granted, whichever is later.

• Late Claim by Special Act

  Conn. Gen. Stat. 4-148(b): the General Assembly may, by special act, authorize a late State claim on an express finding of compelling equitable circumstances serving a public purpose.

• Defective Town Road Notice

  Conn. Gen. Stat. 13a-149: written notice within 90 days after the injury to a selectman or town clerk, city or borough clerk, or corporation secretary or treasurer; suit within 2 years.

• Municipality and Employee Notice

  Conn. Gen. Stat. 7-465: when suing a municipality with its employee, file written notice of intent to sue with the municipal clerk within 6 months after accrual; suit within 2 years.

• Claims Commissioner Payment Limit

  Conn. Gen. Stat. 4-158(a): the Commissioner may order immediate payment of a just claim up to $35,000 and recommend larger just claims to the General Assembly.

• Claimant and Contact Details

  Give the name, address, telephone and email of the claimant and of any principal and attorney, and the date, time, place and circumstances of the claim.