Nursing Home Lawsuits in Connecticut: How to File a Claim
Pursuing a nursing home injury claim in Connecticut requires attaching a good-faith certificate to the complaint under CGS § 52-190a and working within the two-year limitations period with its three-year absolute outer limit.
Reviewed by Nick Kassatly
DPH Facility Licensing and Investigations Section
State agency investigating nursing home complaints in Connecticut
Source: Connecticut Department of Public Health, portal.ct.gov
2 years (3-year absolute limit)
Personal injury and malpractice statute of limitations
Source: Connecticut General Statutes § 52-584
Must accompany complaint at filing (CGS § 52-190a)
Good-faith certificate requirement
Source: Connecticut General Statutes § 52-190a
2 years from death (5-year absolute limit)
Wrongful death statute of limitations
Source: Connecticut General Statutes § 52-555
18 – 36 months
Typical case resolution timeline
Source: Standard civil litigation experience; varies by case
Contingency fee — no cost unless compensation is recovered
Fee structure
Source: Standard plaintiff-side contingency arrangement
Filing a nursing home injury claim in Connecticut is shaped by the good-faith certificate requirement under CGS § 52-190a, which must be attached to the complaint at the time of filing, and by the two-year limitations period under CGS § 52-584 with its three-year absolute outer limit. Families typically begin by requesting medical records, filing a complaint with the Connecticut DPH, and consulting a lawyer to satisfy the good-faith certificate requirement before filing. Because the certificate must accompany the complaint, pre-filing expert consultation is often a necessary step.
This page walks through what filing a nursing home injury claim looks like in Connecticut — from initial evidence gathering through the good-faith certificate requirement, the filing process, typical timelines, costs, and what families can expect from a first conversation with a lawyer. It is educational information and does not substitute for legal advice specific to your family's situation.
Connecticut nursing home injury claims arise under general negligence law, the Connecticut Residents' Bill of Rights under CGS § 19a-550, or both. Claims under the Residents' Bill of Rights may provide an additional statutory basis for recovery when a facility violates a resident's enumerated rights.
About representation in Connecticut
Traction Law Group attorneys are licensed in Florida and New York. In other jurisdictions, we work with affiliated local counsel.
When Negligence Becomes a Legal Claim
A Connecticut nursing home injury claim requires four elements: a legal duty of care owed to the resident, a breach of that duty, causation linking the breach to the harm, and legally recognized damages. The duty of care is established by federal conditions of participation under 42 CFR § 483.25 and by Connecticut nursing facility regulations. Connecticut's Residents' Bill of Rights under CGS § 19a-550 also establishes statutory rights whose violation may support a civil claim.
Evidence That Strengthens a Connecticut Nursing Home Case
The complete medical record is the foundation. CMS Form 2567 deficiency citations from DPH inspections are strong corroborating evidence. Staffing data from CMS Care Compare, witness statements, and expert testimony on the standard of care complete the evidentiary picture. The expert opinion obtained to support the good-faith certificate often serves as the foundation for trial testimony as well.
The Connecticut Filing Process
Connecticut General Statutes § 52-190a requires that any health care negligence complaint be accompanied by a good-faith certificate signed by the attorney, attesting that a reasonable inquiry has established grounds for a good-faith belief that negligence occurred. When expert consultation is necessary to form that belief, a written opinion from a similar health care provider must be obtained before filing. The complaint is filed in Connecticut superior court with the certificate attached. The defendant then has 30 days to respond after service. Discovery proceeds under the Connecticut Practice Book rules.
How Long Connecticut Nursing Home Cases Take
Connecticut nursing home cases typically resolve in 18 to 36 months from the date the complaint is filed. Complex cases with disputed causation, challenges to the good-faith certificate, or multiple defendants can extend beyond three years. Court scheduling in Connecticut's superior courts also affects timelines. Most cases settle before trial.
Costs and Fees
Connecticut nursing home injury cases are typically handled on a contingency fee basis — no upfront cost to the family. The attorney's fee is a percentage of the recovery, agreed upon at the outset and paid only from the proceeds of a settlement or verdict. Litigation expenses — expert witness fees, medical records costs, court filing fees, deposition costs — are advanced by the law firm and recovered at the end. If no recovery is obtained, the family owes nothing.
What to Expect from Initial Case Review
An initial case review is a free, no-obligation conversation. The attorney or intake team asks about the timeline of events, the nature of the resident's injuries, what the facility said or did, whether a DPH complaint has been filed, and what records are available. If the claim appears viable, the attorney explains the good-faith certificate requirement, the expected timeline, and the contingency fee structure. There is no pressure to proceed, and no fee is charged for the conversation.
Frequently Asked Questions
What is the good-faith certificate requirement in Connecticut nursing home cases?
Connecticut General Statutes § 52-190a requires that any health care negligence complaint be accompanied at filing by a certificate of good faith signed by the attorney, attesting that a reasonable inquiry has established grounds for a good-faith belief that negligence occurred. When expert consultation is necessary, a written opinion from a similar health care provider must be obtained before filing. Failure to attach the certificate may result in dismissal.
What evidence is most important in a Connecticut nursing home injury claim?
The complete medical record is the foundation. DPH inspection reports and CMS Form 2567 deficiency citations are strong corroborating evidence. Staffing data, witness statements, and expert testimony on the standard of care complete the evidentiary picture. The expert opinion supporting the good-faith certificate often forms the basis for trial testimony.
How long do Connecticut nursing home cases typically take to resolve?
Most Connecticut nursing home cases resolve in 18 to 36 months. Cases with challenged good-faith certificates, disputed causation, or multiple defendants can extend beyond three years. Most cases settle before trial.
Is there an upfront cost to pursue a Connecticut nursing home claim?
No. Connecticut nursing home injury cases are typically handled on a contingency fee basis. There is no upfront cost to the family. The attorney's fee is a percentage of the recovery, paid only from a settlement or verdict. Litigation expenses are advanced by the firm and recovered at the end. If no recovery is obtained, the family owes nothing.
What is the statute of limitations for a Connecticut nursing home wrongful death claim?
Connecticut General Statutes § 52-555 requires wrongful death actions to be filed within two years of the date of death and within five years of the act or omission that caused the death. If the resident survived the act of negligence for a period before dying, the clock on the wrongful death claim begins at the date of death, not the date of the negligent act.
How do I get a Connecticut nursing home's inspection records?
CMS Care Compare at medicare.gov publishes inspection reports, deficiency citations, staffing data, and quality ratings for every certified Connecticut nursing facility. The Connecticut DPH also maintains complaint and inspection records through portal.ct.gov. CMS Form 2567 reports detail specific regulatory violations found during each inspection.
What happens during an initial case review for a Connecticut nursing home claim?
An initial case review is free and carries no obligation. The attorney asks about what happened, the timeline, the nature of the injuries, whether a DPH complaint was filed, and what records are available. If the claim appears viable, the attorney explains the good-faith certificate requirement, the expected timeline, and the fee structure. There is no pressure to proceed.
Injured in a Nursing Home?
Case reviews are free, confidential, and come with no obligation. Our intake team will help you understand your rights in Connecticut.