If you have suffered an injury in Massachusetts and are considering filing a personal injury claim, it is important to understand the state’s statute of limitations. This time limit determines how long you have to bring a lawsuit against the person or entity responsible for your injuries.
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What Is a Statute of Limitations?
A statute of limitations is a law that sets a time limit for filing certain types of legal claims. These time limits vary depending on the type of case and jurisdiction. If you miss the deadline to file, you may lose the right to seek compensation for your injuries.
Statute of Limitations for Most Personal Injury Claims in Massachusetts
In Massachusetts, the statute of limitations for most personal injury claims is three years from the date of the injury. This means you have three years from the date of your accident to file a lawsuit against the at-fault party.
Exceptions to the Three-Year Limit
There are some exceptions to the three-year statute of limitations in Massachusetts. For example, if the injured person was a minor at the time of the accident, the statute of limitations may be extended. In these cases, the law allows for a "discovery rule" that delays the start of the three-year clock until the child’s 18th birthday.
Another exception to the three-year limit applies to cases involving medical malpractice. In these cases, the statute of limitations is three years from the date of the injury or one year from the date the injury was discovered, whichever comes first. The law also caps total damages in medical malpractice cases at $500,000.
Why the Statute of Limitations Matters
The statute of limitations provides a legal deadline for filing a personal injury claim. If you fail to file within this time limit, you risk losing your right to seek compensation for your injuries. There are some circumstances where the statute of limitations may be extended, but these exceptions are specific and limited.
Consult with an Experienced Personal Injury Attorney
It is essential to consult with an experienced personal injury attorney if you suffer an injury in Massachusetts. A skilled attorney can help you understand your legal rights, determine if you have a case, and ensure you meet all legal deadlines.
In conclusion, the statute of limitations for personal injury claims in Massachusetts is generally three years from the date of the injury. There are some exceptions to this time limit, including cases involving minors or medical malpractice. If you are considering filing a personal injury claim, it is crucial to speak with an experienced attorney as soon as possible to protect your legal rights.