When it comes to filing a personal injury claim in Massachusetts, one of the most important things to understand is the statute of limitations. The statute of limitations is a law that sets a time limit to file a lawsuit after an injury has occurred. Understanding this law is crucial because if you fail to meet the deadline, you will be precluded from pursuing legal action and unable to collect any compensation for your injuries.
In this blog, we have outlined a brief overview of what the statute of limitations is and how it can affect your case .
The Time Limit for Filing a Personal Injury Lawsuit in Massachusetts
In Massachusetts, the statute of limitations for personal injury cases is three years from the date of the accident. This means that if you have been injured in an accident, you have three years from the accident date to file a lawsuit. However, there are some exceptions to this rule.
The three-year clock starts from the date of discovery of an injury due to the accident. It’s also worth noting that if the defendant is a government entity, the statute of limitations may be shorter, so it is important to consult with a personal injury attorney.
Deadlines for Filing and Service
It is also important to understand that the statute of limitations for personal injury cases is separate from those for property damage cases. In Massachusetts, the statute of limitations for property damage, like that for personal injury, is three years from the date of the accident. So, if you have suffered both personal injuries and property damage, you will need to file two separate lawsuits within the statute of limitations for each type of claim.
Another important aspect of the statute of limitations is that it applies not only to filing the lawsuit, but also to the service of the summons and complaint. This means that not only must you file the lawsuit within the three-year period, you must also serve the summons and complaint to the defendant within that same period. This is why it is important to consult with a Massachusetts personal injury attorney immediately after an accident. They can advise you on the best course of action and ensure that all deadlines are met.
Extensions of the Time Limit
The statute of limitations can be extended under certain circumstances, and this can be important. For example, if the defendant is a minor, the statute of limitations may be extended until the minor turns 18. Additionally, if the defendant is under a legal disability, the statute of limitations may be extended until the disability is lifted.
Consequences of Missing the Time Limit
Failing to file a lawsuit within the statute of limitations can have serious consequences. If you miss the deadline, the defendant can file a motion to dismiss the case, and the court will likely grant it. This means that you will be barred from pursuing legal action and will be unable to collect any compensation for your injuries.
Conclusion
In summary, the statute of limitations for personal injury cases in Massachusetts is three years from the date of the accident. However, there are some exceptions to this rule, and the statute of limitations for property damage cases is also different. It is important to consult with a personal injury attorney in Boston, MA, as soon as possible after an accident to ensure that all deadlines are met and to avoid missing the statute of limitations.
If you need assistance finding a personal injury attorney, contact Swartz & Swartz. We understand personal injury clients' difficulties and aim to provide personalized care and support. We have a proven track record of helping clients achieve their desired results and are ready to assist you today.