CT LAW TRIBUNE SUGGESTS WE NEED A BETTER WAY TO SUE THE STATE!

CT Law Tribune speaks out about suing the state as follows:

"The Charla Nash case brought national attention to Connecticut's bizarre process for suing the state. Nash was the victim of a brutal attack by a friend's chimpanzee. She suffered horrific injuries and underwent a face transplant along with multiple surgeries that cost millions of dollars. Nash sought to sue the state Department of Energy and Environmental Protection on the theory that state officials knew that the chimpanzee was dangerous and should not have allowed Nash's friend, Sandra Herold, to keep it in her Stamford home.

It appears rather dubious that the state was, in fact, responsible for Nash's injuries. But that question was never answered by a court of law.

The process for suing the state for money damages in Connecticut is unique and that process was front and center in the Nash case. At common law, the state cannot be sued by one of its citizens without its consent. This principle of "sovereign immunity" routinely has been applied by Connecticut courts to shield the state from liability. Bill Barrante, the late long-time managing editor of the "Connecticut Bar Journal," authored a compelling article in 2005 entitled "Common-Law Sovereign Immunity: Why Connecticut Never Really Had It," in which he explained why this application of sovereign immunity might have been the result of an analytical misstep. However, "sovereign immunity" is the law of the land and continues to be applied to bar lawsuits filed against the state. For claims involving money damages, litigants must first obtain a waiver of sovereign immunity from the claims commissioner or the legislature."

For more information, please click on the link below: 

http://www.ctlawtribune.com/id=1202659894697/Editorial-Conn-Needs-A-Better-Process-For-Suing-The-State#ixzz353jt2Tm8

FILING A CLAIM WITH THE CLAIMS COMMISSIONER

IF YOU FILE A CLAIM IN FEDERAL COURT AGAINST THE STATE FOR DAMAGES, YOU MUST CARRY OUT THE FOLLOWING PROCEDURES OR YOU WILL NOT BE ELIGIBLE FOR FINANCIAL COMPENSATION:

 

Procedures for the General Public

The procedure for filing a claim with the Commissioner of Claims is as follows:

(refer to

Chapter 53, Section 4-141, et seq. of the Connecticut General Statutes):

 

1.Claimant must file himself, or by an attorney.

 

2. Include the name and address of the claimant.

 

3. Provide a concise statement of the claim including the date, time, place and circumstances surrounding the claim, the state agency being filed against, and the amount of money requested. The claim must be filed in duplicate.

 4. Statement should include sufficient allegations to show what the state did or failed to do which caused the damage or injury complained of.

 

5. A filing fee must be submitted with each claim. The check or money order should be made payable to the Treasurer, State of Connecticut, but mailed to the Office of the Claims Commissioner. Effective July 1, 1992, Public Act 92-6 requires that a filing fee of $25 be paid on each claim for $5000 or less, and $50 be paid on each claim in excess of $5,000.

 

6. Claims in amounts of less than $5000 must be sworn and notarized and supported by bills, estimates, etc, for exparte hearings.

 

7.Claims must be filed within one year of the date of incident.

 

8. If the claim is for property damage or personal injury, the claimant should look to his/her insurance carrier for reimbursement. In the event of a deductible, a claimant may file with the Commissioner for the amount of the deductible. An affidavit concerning the existence and amount of coverage, the deductible, and the amount received or to be received from insurance, or the cover sheet of the applicable insurance policy should accompany the claim.

*Claimants should refer to Section 4-142 of the Connecticut General Statutes to insure that statutory notice limitations and statute of limitations are met for "excepted" claims or defective conditions, Section 4-146.

 

Office of the Claims Commissioner
999 Asylum Avenue
Hartford, Connecticut 06105

 

For further information, check at the link below:

 

http://www.occ.ct.gov/cc_fp1.aspx?page=156