If you’ve been injured due to someone else’s negligence in Massachusetts, the statute of limitations is one of the most important legal deadlines to remember. This is the time limit in which you must file your personal injury claim. Failing to file within this period may bar you from seeking compensation from the at-fault party, so it’s important to work within this deadline.
Massachusetts has set strict deadlines for personal injury cases. Understanding what time limit applies to your case can help you protect your rights and file your case on time.
What is the Statute of Limitations for Personal Injury Cases in Massachusetts?
In Massachusetts, the statute of limitations for most personal injury claims is three years from the date the injury occurred. This means that you have three years to file your lawsuit against the responsible party. If you don’t file your lawsuit within this timeframe, the court will likely dismiss your case, leaving you without legal recourse to seek compensation for your injuries.
When Does the Statute of Limitations Begin in Massachusetts?
Generally speaking, the statute of limitations clock starts on the day the injury happens. However, there are a few exceptions to this rule, including:
- Discovery Rule: If your injuries weren’t immediately apparent, the statute of limitations may start when you discover or reasonably should have discovered that you were harmed due to someone else’s negligence. This rule usually applies in medical malpractice or toxic exposure cases.
- Minors and legally incapacitated individuals: If you’re under the age of 18 or have a legal disability at the time of the accident, the statute of limitations is paused until you turn 18 or regain legal capacity.
- Defendant’s absence: If the at-fault party leaves Massachusetts after the injury and before the lawsuit is filed, the statute of limitations may be extended until they return.
What Happens If You Miss the Deadline?
If you don’t file your personal injury lawsuit within the statute of limitations, the at-fault party (the defendant) may file a motion to dismiss. In these situations, the court will likely grant it, as you’ve waited too long. When this happens, you will likely lose your right to pursue compensation.
While there are some exceptions to this timeframe, there are very few circumstances where a court will allow a case to proceed beyond the statute of limitations. Because of this, it’s important to act quickly if you’re considering filing a personal injury claim.
Why You Should File Your Claim as Soon as Possible
Even though you technically have up to three years to file your personal injury lawsuit in Massachusetts, waiting too long can hurt your case. Here’s why:
Evidence Can Be Lost
Evidence often fades with time, especially in the case of witness memories. As time passes, a witness’s memories may lose the clarity they had immediately after the accident, which can make their testimony less reliable in court.
Physical evidence, such as accident debris, property damage, or skid marks at the crash site, can be cleaned up, repaired, or disappear altogether. Surveillance footage from traffic cameras, businesses, or residential security systems is often deleted or overwritten within days or weeks unless it is specifically preserved.
When you act quickly after your accident, you may preserve this evidence and ensure that memories are still fresh.
Insurance Company Delays
Dealing with insurance companies can be a drawn-out and frustrating process. Many personal injury claims start here, with negotiations between the injured party and the at-fault party’s insurance provider. Unfortunately, insurance companies often employ delay tactics, such as repeatedly requesting additional information, questioning liability, or offering lowball settlement amounts in the hopes that the claimants will accept less than they deserve.
Insurers may string out these back-and-forth negotiations for months or even years before resolving them. In the process, you may find yourself running out of time as the statute of limitations deadline approaches.
When you start early and get legal assistance out of the gate, you give yourself as much time as possible to negotiate a fair settlement or, if necessary, take your case to court before your legal rights expire.
Medical Documentation
Proper medical documentation is an integral component of any personal injury claim. It serves as clear, direct evidence of the extent of your injuries, the treatments you’ve received, and the long-term impact on your health. When you seek medical attention immediately after the accident, you ensure that your injuries are diagnosed and treated in a timely manner, effectively preventing any gaps in medical records that insurance companies or defense attorneys may use to dispute your claim.
Additionally, ongoing medical treatment, such as physical therapy, surgeries, or rehabilitation, can further support your claim for long-term damages, including pain and suffering. If you delay your treatment, insurers, and defense attorneys may argue that your claims were not severe or that they were caused by something else.
Filing your claim immediately allows you to gather and present a well-rounded medical history that accurately conveys the full scope of your injuries and the compensation you deserve.
What to Do If You’ve Been Injured Due to Someone Else’s Negligence
If you’ve been hurt due to another’s negligent actions and believe you may have grounds for a personal injury case, follow these steps to protect your legal rights:
- Get medical care: Seek medical attention as soon as possible, even if you don’t think your injuries are severe enough to warrant a visit to the doctor. Getting medical care ensures your injuries, regardless of the severity, are documented.
- Report the incident: Whether you’ve been injured in a car accident, a slip and fall incident, or a workplace accident, report the incident to the proper authority. This could be your supervisor, the police, or a similar authoritative entity.
- Gather evidence: If possible and safe to do so, gather as much evidence as you can. Take pictures of your injuries, the scene of the accident, and any property damage. Collect witness statements and contact information, and retain all medical records and receipts.
- Consult a personal injury lawyer: Contact a skilled personal injury lawyer as soon as possible after the accident. Your lawyer will assess your case, keep you on track with deadlines, and help you through the legal process.
Speak With a Personal Injury Attorney Today
Understanding the Massachusetts statute of limitations for personal injury cases is a must to ensure you can protect your right to seek compensation. If you miss the deadline, you may forfeit your ability to recover damages for medical bills, lost wages, and pain and suffering, so it’s important to act quickly.
If you or a loved one has been injured, don’t wait until it’s too late. Contact our experienced Massachusetts personal injury lawyers today at the Fogelman Law Firm to get personalized help with your case. Call (617) 559-1530 or complete our online contact form to start with a consultation.
