How Does the Statute of Limitations Work for Car Accidents in Massachusetts? 

If you’ve been injured in a Massachusetts car accident, state law limits the time you have to pursue compensation. Here’s everything you need to know about the Massachusetts statute of limitations for personal injury cases like car accident cases. 

Of course, understanding the deadline is just the first step. If you’ve been injured in a car accident or in some other way hurt by somebody else’s negligence, you owe it to yourself to get reliable legal advice right away. You can schedule a free consultation with Lowell injury attorney Kevin P. Broderick right now by calling 978-459-3085 or filling out our contact form. 

What is a Statute of Limitations? 

A statute of limitations is a law that says a claim for a particular type of case must be filed within a certain time period. Statutes of limitations differ from state to state, and also based on what type of case you have. 

What is the Massachusetts Statute of LImitations for Car Accident Cases (M.G.L. c. 260 §2A)? 

Massachusetts law allows up to three years to file a personal injury case, including a car accident case. 

When Does the Clock Start Running? 

For a car accident claim or other personal injury claim, the countdown starts when the injury occurs. However, there are certain circumstances in which the clock starts at a different time. One example is when the injury victim is a minor at the time of the accident. The best way to find out the deadline for filing a car accident lawsuit in your case is to talk to an experienced Lowell, MA personal injury lawyer.

Are There Any Exceptions to the 3-Year Massachusetts Statute of Limitations? 

There are some exceptions to the 3-year statute of limitations for injury cases in Massachusetts. Here are a few of the most common examples: 

• If the negligent party in your car accident or other injury case is a governmental entity, you may have less time to file your claim
• If the cause of the injury is a defective product, the statute of limitations is three years but may not begin to run immediately in certain types of cases where the cause of the injury isn’t clear right away
• If the cause of the injury is a defective product, you may have related claims (such as a breach of warranty claim) that has a different limitations period

Why Does Massachusetts Limit the Time to File a Car Accident Lawsuit? 

Every state has statutes of limitations, though the amount of time to file may be different from state to state. One key reason for these limitations is to allow everyone involved to have a sense of certainty. Obviously, a lawsuit based on a car accident or other incident that happened 10 or 20 or even 40 years ago could create chaos for the defendant. That’s true for individuals, businesses, and even insurance companies. 

A closely related reason is the difficulty of assembling and presenting evidence after many years have passed. Physical evidence may be lost or destroyed, witness memories fade or witnesses become impossible to locate–or even pass away. 

There isn’t anything magical about 3 years–in some statutes the personal injury statute of limitations is shorter and in others it may be longer. Legislators simply had to draw a line somewhere, and chose a point that provides some balance between the defendant waiting decades to see if another shoe is going to drop and the plaintiff being too rushed. 

What Happens if I Miss the Massachusetts Statute of Limitations? 

The statute of limitations creates a bar to filing your claim. That means that if you don’t meet the filing deadline, you will not be able to sue for compensation. That means you could get stuck paying your own medical expenses and taking the loss on missed work time and other damages, even though the accident was someone else’s fault. 

Does It Matter When in the 3 Years I File? 

If your case has a 3-year statute of limitations, it legally makes no difference whether you file a month after the accident or 2.5 years after the accident. But there are many reasons you should consult a Massachusetts car accident lawyer right away. For example:

• Your case may fall into one of the exceptions to the statute of limitations where you need to file sooner than you realize
• The earlier you hire an attorney, the better opportunity your lawyer will have to gather evidence like video footage, physical evidence from the crash site and witness statements
• The sooner you file, the sooner your case starts moving forward–meaning you can expect compensation sooner

To learn more about how an experienced Lowell personal injury lawyer can protect your right to compensation, call The Broderick Law Firm now by calling 978-459-3085 or fill out our contact form.