Massachusetts Statute of Limitations for Personal Injury: How Long After an Injury Can You File Your Claim?

I had a friend living in Massachusetts years ago. He had an accident for which he did not claim at that moment. But when he decided to, he realized it was too late for him. And that’s when he learned about the Massachusetts Statute of Limitations in personal injury cases.

If you are living in MA and also think that you have all the time in the world for filing your claim in personal injury cases, you are not the only one. But, unfortunately, that is not the case.

So, what is the time limit? Until when can you file for your personal injury claim? And who can help you out in a matter like this?

Hi. In today’s blog, these are some of the questions that I will be talking about. So, if you want to know more about it, keep on reading this blog till the end and thank me later!

An Overview of Personal Injury Law

If you have read my previous blogs on personal injury law, you probably already have a good idea about what this law is. But for those who are new to this blog, let me explain it in brief.

Personal injury is a legal field or area which generally deals with all forms of injury that occur because of someone else’s negligence.

Additionally, in this type of tort law, you will get the compensation for the damages you face because of someone else’s fault or carelessness.

When it comes to personal injury law, there is a simple way in which it works. Yes, that’s right, it is not all that complicated when it comes to the legal processes.

It all begins with the plaintiff (the injured person) filing a lawsuit against the defendant who caused the injury. Now, it is important for you to understand that the defendant can be either an individual or even an entity.

After filing, the law holds the defendant responsible or liable for the damages that were a result of their negligence and recklessness.

Finally, after a series of negotiations, the plaintiff receives the compensation for the damages. These can include the compensation for physical and emotional damages, lost income, and even medical expenses.

Just like in any part of the world, there is a strict personal injury law in place in Massachusetts. However, what a lot of people do not know about is the fact that there can be deadlines and limitations as to when you can file for your case.

So what is it?

Understanding Statute of Limitations

You see, there are certain deadlines which one needs to follow before subletting something. That is exactly what statute of limitations are all about.

Statutes of limitations are the set of laws that set the time for filing any lawsuit or case after an injury or offense takes place. And in case you had any confusion, this set of laws applies to all forms of cases— civil as well as criminal.

But why does there have to be a time limit for filing a case? Well, that’s a good question. 

These types of time limits exist to ensure that the injured parties do not delay in terms of seeking justice. Additionally, it also ensures that the cost associated with such cases is less.

And that’s not all. You see, as time passes, the evidence that is necessary for your case might get lost. The memories related to your incident will also fade. This is something that you can prevent if you follow a timeline when filing a case.

In general, the statutes of limitations under the federal law of the United States is about five years.

However, there are certain crimes for which there are no time limits. These include severe crimes like murder, war crimes, sexual assault and rape, genocide, and crime under international law.

Massachusetts Statute of Limitations Personal Injury: What is the Deadline for Filing Your Claim?

Now that you know what personal injury law and statute of limitations are all about, let me explain what you can do here for. Today’s topic is: Massachusetts Statute of Limitations Personal Injury.

According to the government of MA, the number of personal injuries has seen a massive increase. Additionally, according to their data, there were nearly 44,912 nonfatal injury-related hospital stays and 487,772 emergency department visits in Massachusetts.

So, if you are one of these people who have been harmed because of another person’s negligence, how long can you take your time to file a case against the offender? Let me tell you.

The statute of limitations for personal injury cases in Massachusetts is three years. This means, you have three years from the date of your injury to file a case against the offender under the law.

When it comes to Massachusetts, you can file a personal injury lawsuit against all forms of personal injury cases. These include accidents, slip and fall accidents, dog bites, and other harm.

Massachusetts Statute of Limitations Personal Injury Claim: Who Can Help You Get Your Compensation?

If you are someone who wants to file a personal injury case against your offender and are unsure about whether you can or not (as in if you have not missed the deadline), you need legal help.

Personal injury lawyers are there to help you out. And there are tons of them in Massachusetts. I would personally ask you to contact Ballin & Associates. This is a law firm that has more than 40 years of experience in the field.

Steven Ballin started this family-owned injury law firm, Ballin Law, which is now operated by his son Zachary Ballin. This firm specializes in personal injury law and has fought for the rights of their clients with compassion and honesty for several years.

Their experience in this field provides them the legal strengths they need to ensure that you get the compensation you deserve. Furthermore, their innovative approach to dealing with the cases ensures you have a clear win.

Exceptions to the Statute of Limitations in Massachusetts for Personal Injury

Yes, there are some exceptions to this rule. The people who set the law and the ones who amended them are also human. They realize that there can be times when you cannot file a particular lawsuit under certain time limits.

In this article, I will explain two major exceptions to the statute of limitations for personal injury cases in Massachusetts. So, here they are:

1. Discovery Rule

There are times when the person who has been harmed does not have any idea about the incident or they have not discovered it yet. In such cases, the time limit starts from when the plaintiff discovered the harm.

For instance, this rule applies to cases related to medical malpractice. Think about the lawsuit involving Bard hernia mesh. The plaintiffs did not know about the harm that the surgery caused them. So, they could take their time to file the class action lawsuit.

2. Minors and Mentally Disabled

Secondly, there is an exception to minors who have not reached the legal age of gaining the ability to assert their right. In other words, if you are under 18 years of age, you have time till you reach 21 to file the claim.

The same goes for people who are mentally challenged and do not have the capacity to file a lawsuit. For these people, they can take time.

I hope this blog has been of help to you. If there are any other queries related to the case, please feel free to write them down in the comments below. And I will be there to help you out!

Read Also:

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• Sexual Assault Lawyer: Know How to Choose the Right One!
• Difference Between Negligence And Malpractice?