How Long Do I Have to File a Personal Injury Claim?

Car Accident | April 30, 2021

The Commonwealth of Massachusetts has a law called a statute of limitations that sets a deadline on all personal injury lawsuits. If you wish to file a lawsuit against a person or party in Massachusetts, it is critical not to miss your filing deadline. A personal injury lawyer in Lowell can help you fill out the correct legal paperwork and file your claim in the correct courthouse before your time limit.

What Is the Statute of Limitations on Personal Injury Cases in Massachusetts?

The statute of limitations on most personal injury cases in Massachusetts is three years from the date of the accident. Massachusetts General Laws Chapter 260(2A) states that all actions of tort (the legal term for civil wrongdoing) and contract to recover for personal injuries must be commenced within three years after the cause of action accrues.

The three-year time limit applies to almost every type of personal injury claim in Massachusetts, including a claim brought for a car accident, slip and fall, defective product, or assault. Whether you wish to file a lawsuit against someone for negligence (carelessness) or an intentional wrongdoing, the time limit to file in Massachusetts is three years.

Statutes of limitations exist in every state. They are laws that give plaintiffs a deadline to file. Statutes of limitation serve an important purpose – encouraging injured accident victims to come forward with claims promptly, while evidence is still available. They also keep the court system more efficient and save defendants from having the fear of a lawsuit hanging over their heads indefinitely, which would be unjust.

Important Exceptions to the Rule

There are exceptions that toll, extend, increase or decrease Massachusetts’ statute of limitations on personal injury claims. This is why it is important to speak to a personal injury attorney immediately after you get injured, to make sure you do not miss your deadline. An attorney can go over exceptions to the rule that may apply to your claim and change your deadline, such as:

  • Discovery rule: three years from the date the victim discovered or reasonably should have discovered the injury.
  • Wrongful death claim: three years from the date of the decedent’s death.
  • Sexual assault of a minor: 35 years from the act or 7 years from the time the victim discovered an emotional/psychological condition was caused by sexual assault.
  • Claims against the government: two years from the date of injury.
  • Injuries to minors: three years from the injured minor’s 18th
  • Injuries to incapacitated individuals: three years from the date the incapacitation no longer exists.
  • A criminal case against the defendant at the same time as the injury lawsuit: three years from the date the criminal trial ends.
  • The defendant leaves the state: three years from the date of the accident, minus the period when the defendant was out of the state.

This is not a full list of all of the special circumstances that could change your deadline to file a personal injury claim in Massachusetts. There are many ways to extend a limitations period. Even if you think you missed your deadline, contact an attorney to make sure. An exception you are unaware of may give you more time to file.

What Happens If You Miss Your Statute of Limitations?

Waiting too long to file a personal injury claim in Massachusetts puts you at risk of giving up the right to seek financial compensation for your injuries entirely. In general, the civil courts are strict when it comes to enforcing statutes of limitations and other filing rules. The courts will most likely refuse to hear your claim if you try to submit it after your deadline has already passed. The defendant in your case can use the missed deadline as a defense against liability for your injuries.

Do not risk losing the ability to file a personal injury lawsuit. Discuss your accident, injury or a loved one’s unexpected death with an attorney in Lowell as soon as possible to protect your legal rights.