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Understanding the Massachusetts Statute of Limitations (Part A)

The Massachusetts statute of limitations places a deadline on when a personal injury lawsuit can be filed. Though statutes play an important role in the legal system, they can be troublesome if you are filing a personal injury lawsuit. Fortunately, there are some extensions and exceptions to the normally strict deadlines.

Massachusetts personal injury lawsuits can take a variety of different forms. What they have in common is a victim seeking compensation from an individual, insurance company, or governmental entity after an accident that resulted in serious injuries and/or property damage. Filing a Massachusetts personal injury lawsuit is an often complicated legal matter, which is why you should seek a Massachusetts personal injury lawyer as soon as possible to help you with your claim.

Massachusetts Statute of Limitations Deadlines

The deadlines for filing a Massachusetts personal injury lawsuit will depend on the entity that you are filing against as well the specifics of your accident. Different deadlines include:

• 3 years for personal injury, fraud, libel/slander, property damage, product liability and most forms of professional malpractice
• 7 years for medical malpractice
• 6 years for contracts, though this can be extended to 20 years if the contract is written and under seal
• In lawsuits filed against government organizations or employees, a Notice of Claim may be required anywhere from 30 - 180 days prior to filing a lawsuit depending on the entity; for example, filing against a city, a county, or the State

Extending the Massachusetts Statute of Limitations

There are, however, exceptions to some of these deadlines. Sometimes, the nature of the personal injury may not surface until much later, necessitating an extension of the Massachusetts statute of limitations.

This is called the discovery rule. Your Massachusetts personal injury lawsuit must still be made within a short time after discovering new evidence vital to your claim. As such, it is important to seek a Massachusetts personal injury lawyer right away.

The discovery rule is commonly seen in medical malpractice cases, in which the effects of a doctor or hospital's error may not appear until several years have elapsed. The discovery rule is by no means exclusive to medical cases, however; it may not always be applicable in civil cases.

You can also file a Massachusetts personal injury lawsuit past the set date through a process called statute tolling. This occurs if you were previously unable to pursue a lawsuit. Reasons for this might include being a minor at the time of your accident, or suffering from severe and incapacitating mental or physical illness. Personal bankruptcy may also be an acceptable reason under certain circumstances. A Massachusetts personal injury lawyer can determine if you have a case for tolling the statutes.

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