A motorcycle accident can be one of those critical, defining moments in your life that alter your path, opening the door to serious injuries, financial burdens, and emotional trauma. If you have been injured in a motorcycle accident in Massachusetts, it’s important that you know the time limits surrounding any potential legal claims.
This time limit, called the statute of limitations, is one of the most important elements in personal injury law, especially when it comes to filing a claim to pursue compensation. A skilled motorcycle accident lawyer can help you understand these limits and how they apply to your case, but here are the basics.
What is the Statute of Limitations?
The statute of limitations is a law that dictates how long after an event a lawsuit can be filed. This timeframe is set to a specific limit for different types of cases, intending to ensure timely claims are made while evidence is still fresh and memories are still clear. It also serves to protect people and businesses from the constant threat of a lawsuit hanging over them indefinitely.
If you don’t file your claim within this time limit, you may lose your opportunity to recover any compensation. The specific statute of limitations that applies to your personal injury case will vary depending on the type of claim and the state in which the accident happened.
Statute of Limitations for Motorcycle Accidents in Massachusetts
Under Massachusetts state law, the statute of limitations for personal injury cases, including motorcycle accidents, is three years. This means you have three years, starting on the date your accident occurred, to file a lawsuit against the at-fault party seeking compensation for your injuries.
Exceptions That Can Affect the Filing Timeline
While the three-year deadline applies to most cases, there are a few exceptions that could extend or shorten the statute of limitations for your motorcycle accident case. These exceptions could include the following:
1. The Discovery Rule
Massachusetts law has a “discovery rule” for certain types of injuries. This rule applies when an injury isn’t blatantly apparent at the time of the accident. If you didn’t know you were injured or that your injuries were related to the accident until after the crash, the statute of limitations may be extended.
For example, let’s say Tyler is injured in a motorcycle accident but doesn’t notice any signs of serious injury. He gets checked out on the day of the accident to get minor cuts and scrapes taken care of. However, a year later, he begins to experience unexplained back pain. After further investigation, he finds that he has developed a herniated disc caused by the earlier accident.
In this particular case, Tyler MAY be able to bring his lawsuit against the at-fault party within three years of discovering the injury rather than the date of the accident.
2. Minor Injured Parties
Your age can also play a role in the length of the statute of limitations. When the injured party in a motorcycle accident is a minor, or under the age of 18, Massachusetts law allows for an extension. Under this law, the three-year statute of limitations doesn’t start until you reach your 18th birthday. This means you have until you are 21 years old to file a personal injury lawsuit for your motorcycle accident if it happened when you were a minor.
3. Government Entities Involved
Cases involving government entities can look a little bit different in terms of the statute of limitations. If your motorcycle accident involved a government entity or employee, your statute of limitations is shortened to two years.
So, for instance, if you were struck by a car driven by a city or state worker, you would have two years to file your claim. Other parts of this process look different, too, so if your case involves a government entity, it’s important to consult a skilled motorcycle accident lawyer.
Why It’s Important to File Within the Deadline
If you fail to file your motorcycle accident claim within the statute of limitations, you may be barred from pursuing legal action for your injuries altogether. If you file your claim after the deadline (or any applicable exception), the defendant (the party you’re suing) will most likely file a motion to dismiss the case, and there’s a good chance the court will dismiss your claim.
When this happens, you lose the right to pursue compensation for your injuries, medical expenses, lost wages, and pain and suffering. So, if you’re in this situation, having been injured in a motorcycle accident, it’s incredibly important to act promptly.
Steps to Take After a Motorcycle Accident in Massachusetts
After a motorcycle accident in Massachusetts, it’s important to take the right steps to protect your legal rights and ensure you’re working within the statute of limitations. Here’s what you need to do:
- Get medical attention: This is a must, even if you don’t feel badly hurt. Sometimes, certain injuries fly under the radar, masked by adrenaline. A medical check-up provides a basis for your injuries and helps document your claim.
- Document the accident: When safe and if you’re able, gather as much evidence as you can. Take photos and videos of the scene, including damage to the vehicles, the spot where the accident occurred, and personal injuries. Write down the contact information of any witnesses and the other driver and get a copy of the police report.
- Contact an experienced lawyer: This is another must-do in the process. A skilled motorcycle accident attorney can guide you through the legal steps, advise you about the statute of limitations, and ensure your claim is submitted on time.
Time Matters in Filing Your Motorcycle Accident Claim
For the most part, you must file a motorcycle accident claim within three years of the date the accident occurred. While these time limits might vary based on the nature of your case, fluctuating due to exceptions and special rules, these aren’t a guarantee. If you don’t file within these limits, you might lose your right to pursue legal action altogether.
So, if you’ve been injured in a motorcycle accident, act quickly to protect your rights. This way, you won’t be barred from pursuing compensation from the at-fault party.
If you or a loved one has been involved in a motorcycle accident, our skilled personal injury attorneys at the Fogelman Law Firm can help. Let us guide you through the process, protect your rights, and work toward the compensation you deserve. Contact us today to learn more about how we can help you.
