What to do if you are injured on a road, bridge, walkway or sidewalk controlled by the State of Connecticut? You must file a written notice of claim within 90 days of the accident. If you do not file the written notice of claim, you will be prohibited from bringing a legal action against the State of Connecticut. A claim for damages caused by a defective condition (e.g., a pothole, ice, water etc.) on a state highway, bridge or sidewalk is governed by the provisions of Section 13a-144 of the Connecticut General Statutes. Claims will only be legally viable if received within 90 days of the incident.
The notice of claim must include the following information:
- Claimant’s name, address and telephone number.
- A description of the accident of occurrence giving rise to the claim.
This must include:
(a) the date and time of the occurrence;
(b) the precise location (e.g., the nearest highway entrance/exit ramp or other highway marker, etc.);
- A description of the property damage and/or personal injuries suffered.
The failure to provide written notice within 90 days or the failure to provide adequate written notice will destroy the ability to bring a successful claim in Court. It is not sufficient for purposes of written notice that a police report or incident report was generated. For all the reasons above, it is important to contact a lawyer immediately after the incident and for the lawyer to provide proper and timely written notice of the claim.