How Long Does a Victim Have to File a Car Accident Claim?
A car accident claim in Massachusetts can enable you to obtain the financial compensation you and your family need to finally move forward. Massachusetts is a no-fault state, meaning you will file a claim with your own insurance provider, regardless of fault. If you have serious injuries, however, you can file a car accident lawsuit against the at-fault party. In this scenario, it is crucial to understand your filing deadline.
The Statute of Limitations Is 3 Years
The statute of limitations is the deadline for filing. Every state has different statutes of limitations on car accident cases. Statutes of limitations are strict, meaning most courts refuse to hear cases brought after the passing of the deadline. The point of this time limit is to keep the justice system just for all parties.
In Massachusetts, the statute of limitations is three years from the date of the car accident, in most cases (Massachusetts General Laws Chapter 260 Section 2A). This means that unless your case qualifies as an exception to the rule, you must file your injury lawsuit within three years of your car crash. If you wait longer than three years to file, the courts will most likely dismiss your claim and you will lose the ability to hold the defendant financially responsible.
What Is the Discovery Rule?
There are some exceptions to Massachusetts’ car accident statute of limitations. The most common exception is the discovery rule. The discovery rule states that if a victim does not discover his or her injuries until a date after that of the accident, the courts will toll (pause) the statute of limitations until the date of injury discovery.
If you suffered an injury with delayed symptoms, for example, you would have three years from the date of injury diagnosis to file an injury lawsuit rather than the date of the crash. Note, however, that if you reasonably should have discovered your injury sooner, the clock will start ticking on the date a reasonable party would have noticed the injury.
Other Exceptions to the Statute of Limitations
The discovery rule is not the only thing that could change your statute of limitations on a car accident claim in Massachusetts. Several other unique circumstances could also change your deadline to file:
- Hit-and-run car accident: 6 months from the date you learn the identity of the defendant, with a statute of repose of 3 years (Chapter 260 Section 4B).
- Victim with a disability: 3 years from the time the disability is removed.
- Child victim: 3 years from the date of the victim’s 18th
- If there is a criminal case against the defendant: 3 years from the end of the criminal case.
- Claim against the government: 2 years from the date of injury.
- Wrongful death lawsuit: 3 years from the date of your loved one’s death.
- Workers’ compensation claim: 4 years from connecting the injury to employment.
The laws in the Commonwealth are always changing. The best way to determine your exact time limit to file an injury claim is by consulting with a car accident attorney.
Speak to a Car Accident Attorney as Soon as Possible
Missing your deadline to file a car accident claim is one of the biggest mistakes you can make as an injured crash victim. With only rare exceptions, missing your statute of limitations will automatically bar you from financial recovery, even if you have proof that someone else caused your serious car accident. Protect your legal rights by filing a claim as soon as possible after a car accident.
Speaking to a car accident attorney right away can help you avoid missing the statute of limitations. It can also allow you to take legal action against one or more defendants while important evidence is still available and the details of the crash are still fresh in your mind. Contact a lawyer from Merrimack Valley Injury Lawyers as soon as you can after a vehicle collision for immediate assistance with a claim.