Statutes of limitation are laws that impose deadlines for taking legal action. These laws are designed to ensure that cases are heard and resolved within a reasonable timeframe, while important evidence is still fresh, thereby preserving fairness in the legal process.
Each state has its own laws setting the statute of limitations for personal injury cases. If you have an injury claim in Massachusetts and have questions about the state’s deadline to file a lawsuit, the experienced legal team at Rob Levine Law can help.
What Is the Statute of Limitations in Massachusetts for Personal Injury Claims?
The Massachusetts statute of limitations for personal injury claims is typically three years from the date of the injury. The deadline may begin later in some circumstances, such as if the injury wasn’t immediately obvious and was discovered later.
Once the statute of limitations is up, you will be barred from filing a claim, even if you have a valid case. It’s important to start pursuing your claims immediately after an injury to avoid missing out on the compensation you deserve.
Are There Any Exceptions to Massachusetts’ Statute of Limitations?
Massachusetts has a “discovery rule” that can push back the statute of limitations in cases where the injury or harm isn’t immediately apparent. The deadline then becomes three years after the victim discovers or reasonably should have known about the injury.
Other exceptions to the Massachusetts statute of limitations for personal injury claims include:
- Minor plaintiffs: If the injury victim is a minor, the statute of limitations is “tolled,” or paused, until the date of their 18th birthday. After that, they will have the standard three years to file a claim.
- Incapacitation: Similarly, those considered legally incapacitated by a mental illness or disability can delay the statute of limitations until they are capable of making a claim.
- Fraudulent concealment: If the at-fault party intentionally hides evidence or otherwise prevents the victim from discovering their liability, the limitations period instead begins to run on the date the victim becomes aware of their claim.
In cases against the government, victims have a shorter two-year deadline to present a claim to the public entity. Once the claim is presented, the public entity has six months to investigate your claim and either accept it or deny it. If the government denies your claim or fails to take action within the six months, the victim must file suit within the three-year statute of limitations.
To ensure you don’t lose your case because of a procedural issue, you should consult with a knowledgeable lawyer as soon as possible when dealing with complicated claims, especially those involving the government.
What Happens if You Miss the Statute of Limitations?
Once you miss the statute of limitations, you will lose your opportunity to file a personal injury claim. That means courts will immediately dismiss any lawsuit you file regarding the accident, preventing you from recovering any compensation for your injuries.
If one of the previously mentioned exceptions applies to your case, you might be able to push back the statute of limitations. However, you should never rely on an exception to file within the statute of limitations. By acting quickly and consulting with a personal injury lawyer right after your injury, you can avoid any legal complications surrounding the deadline.
Why You Should Contact Rob Levine Law As Soon as You Can
If you’ve been injured in an accident in Massachusetts, the greatest risk to a successful claim is waiting too long to take action. The experienced Massachusetts personal injury lawyers with Rob Levine Law are here to help protect your rights and ensure you can pursue the compensation you deserve.
Our trusted legal team has over 25 years of experience in personal injury cases, helping more than 50,000 clients recover over $2 billion in overall compensation. We can help you navigate legal complexities and make sure your case is filed on time, allowing you to focus your time and energy on healing.
We’re available 24/7 to take your calls and answer your questions. With our Fee Free Guarantee®, you won’t pay us anything unless you win your case. Contact us online or call (800) 742-3920 today to schedule a free consultation.
