What Is The Statute Of Limitations In Massachusetts?

March 12, 2021

Automobile accidents, both minor and major, can cause economic and non-economic damages to the sufferer. For most, the financial pressure may be too much, and seeking monetary compensation might not be an option but a necessity. In either case, you can seek reimbursement for your losses which is your legal right. What Is The Statute Of Limitations In Massachusetts?

You’re on the clock with the filing deadlines because of a regulatory personal injury statute of limitations. This statute puts a limitations period on your claim, giving you a limited window of applicable time period to file a personal injury lawsuit against the liable parties.

You may have already delayed matters for too long; whatever the case, you should wait no further and get in touch with competent personal injury attorneys to get things going!

What Is The Statute Of Limitations In Massachusetts? Statute of Limitations In Virginia

The statute of limitations is a regulatory law meant to put a time cap on different types of lawsuits, although severe criminal cases are exempt from this time limit. As with the entire legal framework of the USA, this law too is meant to protect the interests of all parties involved in a said incident.

Usually, personal injury victims are very desperate for compensation, thus, overly delayed cases are seen with a suspicious eye. Why would an accident victim wait for, let’s say two or three years, to file their lawsuit? Something does not fit here.

Such delayed cases have been used time and again to pursue underlying agendas instead of justice – thus your case will most likely be rejected if you file it once the strictly-enforced time limit has passed.

So how does the statute of limitations work? Here’s what you need to know about the terms under statute of limitations:

  • The limitations period is measured from the instant an accident happened; from that point onwards, the victim has only a limited window to file their claim in a court of law for it to be accepted.
  • Based on the type of claim, the intensity of actions involved, types of damages, and a couple of other details, the applicable time limits will vary.
  • On average, personal injury cases in the USA have a 2-year statute limit, however, in some states, it is as low as one year while others offer a 6-year time limit. In Massachusetts, a three-year time limit is in place for personal injury cases.
  • Special revelations and other exceptional conditions can get victims some extra time to file their case.
  • If a victim fails to file their lawsuit within this proscribed time limit, their case will most likely be rejected.

As noted, the time limit for personal injury cases in Massachusetts is 3 years.. If you’ve been involved in an accident and want to seek financial compensation for your economic and non-economic damages, keep this limit in mind.

You must act immediately from the moment an accident happened.

To start, experienced ersonal injury lawyers recommend that you scrutinize the accident scene for any evidence that might help you.. Take photographs of the scene, your injuries, any property damage, and so on.

In the case of a car accident, you’d also want to have a chat with the other driver and note down their information.

If you can get the contact numbers of any eyewitnesses, that will be great. Next, you will want to seek medical attention as soon as possible, get diagnosed and treated for your injuries. Don’t delay your visit to the doctor any more than 72 hours after the accident.

Keep track of your losses from day one, don’t lose the bills and receipts, because you’ll need them later on. At about this point, you should seek out the assistance of a lawyer in your endeavors because facing the insurance company on your own is never a good idea.

Even with a competent lawyer by your side, you can expect friction and indifference from the insurance adjuster during the settlement negotiations. If those turn out to be futile, you should immediately reroute your efforts and seek justice from a court of law through a lawsuit.

Considering the complexity of the procedure, it should come as no surprise that you can’t afford delays, even if you feel like you have plenty of time, it is best to get things done as soon as possible.

Extensions In the Statutes of Limitation In Massachusetts?

What if you failed to file your lawsuit within the proscribed time limit? Is there any hope for justice if you delayed things unnecessarily? In the legal business, it is never a good idea to walk alone, instead, you should seek the help of competent lawyers who might be able to find a way for you.

Some exceptional cases demand extensions in the said time limits, meaning that you might still be able to do something about your sufferings.

For instance, if the offender was in an automobile, you can expect a one-year extension in the statute limit. Similarly, there is the ‘discovery rule’ which dictates that if new facts come to light that can radically shift the nature of your case or introduce a never-before conceived possibility in your situation, then your case can be given consideration even after the statute limit.

For instance, the victim may not have known the full extent of the damage caused, or perhaps the injuries may have surfaced only much later on (i.e. a hidden brain trauma that they did not know of but which resulted due to the accident).

This means that you should not despair if the time limit is up (although it is best to act timely), and contact personal injury lawyers for compensation.

Michael Kelly Are Here To Help You

Personal injury claims are usually met with skepticism and friction from greedy insurance companies who couldn’t care less about your pains and miseries.

You shouldn’t approach them on your own because they will try their best to get away with paying only a nominal sum for your troubles. However, most people are worried about hiring lawyers as they fear that they may not be able to afford their services.

If you too are torn by indecision in this regard, then you have nothing to be worried about: at Michael Kelly, our legal team of expert lawyers will fight for your case without any upfront fees!

And that’s not all, you’ll only have to pay if you win.

The consultation is completely free, so, don’t delay calling us!

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Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.