Massachusetts Personal Injury Library
What are the Statutes of Limitations in Massachusetts?
If you have been victimized in a Massachusetts accident, suing those responsible may be at the bottom of your priority list. Accident victims often must deal with hospital stays, physical therapy, lost time at work or school, and any residual emotional trauma. And after all those problems have finally disappeared, you may be reluctant to revisit the incident which caused so much pain and turmoil in your life.
Unfortunately, if you wish to hold someone accountable for your accident injuries and expenses, you only have a limited amount of time in which to file a personal injury lawsuit in Massachusetts.
Massachusetts Statute of Limitations
The time limit for filing a lawsuit is known as the Statute of Limitations. After the Massachusetts statute of limitations has expired, accident victims may no longer seek restitution through a civil suit. The purpose of the statute of limitations is to ensure that all civil cases are addressed within a reasonable period of time.
In the vast majority of cases, the Massachusetts statute of limitations is 3 years for personal injury lawsuits. The time period usually begins on the date that the accident occurred. If an individual wishes to sue a government entity (such as a police force or school district), however, a formal claim must be filed within 30 days of the accident.
The Discovery Rule
There are some exceptions to the Massachusetts statute of limitations law. Perhaps the most common one is known as the discovery rule. This rule states that the statute of limitations applies from the first day that the injury was discovered or should have been discovered.
One example of the use of the discovery rule might be if a person who was hurt in a truck accident did not discover that they had a brain hemorrhage until a regularly-scheduled physical examination was conducted 3 months later. Also, if a prescription medication caused gradual deterioration of a person’s liver, and physicians failed to diagnose the problem until 4 years after the patient began taking the drug, then the individual may still be able to file suit against the drug manufacturer.
When to Seek Legal Advice from a Personal Injury Attorney
If you have been a victim of an accident in which someone else was at fault, it is essential that you plan to seek legal recourse as soon as possible. This means you should begin gathering information well before the Massachusetts statute of limitations expires, because the process of filing a personal injury lawsuit can take some time to complete.
If you, or your loved one, have been injured in an accident. it would be in your best interest to consult with an experienced Boston personal injury lawyer who will protect your rights and ensure you get the justice and compensation you rightfully deserve.
Call 1-888-208-1695 to speak with a personal injury attorney at the Kiley Law Group. FREE Consultation.
