Injured by the State of Connecticut? Here’s How to Sue – and Why You Can’t Just Go to Court
If you’ve been hurt because of something a Connecticut state agency or employee did (or didn’t do), you might think you can just file a personal injury lawsuit. But when the State is involved, it’s not that simple.
Under a rule called Sovereign Immunity, the State of Connecticut can’t be sued unless it gives permission. And before you can take your case to court, you must first file a special claim with the Office of the Claims Commissioner.
At Guendelsberger Law Offices in New Milford, we help clients navigate this complex and time-sensitive process.
Here's what you need to know:
What Is Sovereign Immunity?
Sovereign immunity protects all State and the Federal Governments from being sued without consent. If you want to sue the State, you must first file a Notice of Claim under Connecticut General Statutes § 4-147.
This Notice of Claim goes to the Claims Commissioner, who reviews the case and decides if you’re allowed to move forward.
Without this step, your case will be dismissed – even if it’s a strong one.
You Only Have 1 Year to File Your Claim
Unlike normal personal injury cases, which allow 2 years to file, Notice of Claims against the State must be filed within 1 year of your injury.
If you miss this deadline, you lose your right to sue the State — even if your claim would otherwise be valid.
What Happens After You File?
The Claims Commissioner may:
Deny the claim
Award up to $35,000 in damages
Grant permission to sue the State in court
You can request either a monetary award or permission to sue. If permission is granted, you then have 1 year to file your lawsuit in court (C.G.S. § 4-160).
If your claim is denied, you appeal to the State Legislature — not the courts.
Common Mistakes That Can Ruin Your Case
People often lose their right to sue because they:
Miss the 1-year deadline
Skip the Claims Commissioner process
Leave out key details in their Notice of Claim
Don’t understand how sovereign immunity works
Why Legal Help Matters
At Guendelsberger Law Offices, we understand how to:
File your Notice of Claim on time
Present a clear and complete case
Fight for your right to sue when the State causes harm
We serve New Milford and surrounding areas and can guide you through every step of this unique process.|
Key Deadlines
1 year from injury to file your Notice of Claim (C.G.S. § 4-147)
1 year from approval to file your lawsuit (C.G.S. § 4-160)