JalCT said:
12/14/99 my 16 year old Daughter was crossing the street in CT and was hit by a State of CT van. She broke a tooth, and went to the hospital, but fortunately only had bad bruises. She missed dance class for three weeks and a couple of days of school due to soreness, but otherwise recovered OK. The driver left the scene but later reported himself to the police. Can I still sue? What would be a reasonable settlement?
My response:
You probably can no longer sue the State. You see, you needed to fill out and file a "Claim for Damages" form. That form set's forth what happened and the damages being claimed. It's a necessary form. In essence, it's a form that "asks permission" to sue a Governmental entity, like a State.
If you didn't file it within the proper Statutory time, you MAY be forever barred from suing the State. Find out from an attorney if you blew the Claims requirement, and if so, whether there's a way around it, or a way to have the court excuse you.
In California, for example, there is a 6 month Statute of Limitations to file such a claim with the proper Governmental entity.
IAAL