What Is the Statute of Limitations for Personal Injury in Massachusetts?

By John DiBartolo on October 29, 2024

The statute of limitations is a critical legal principle in personal injury cases. It sets the deadline by which an injured person must file a lawsuit to seek compensation. In Massachusetts, personal injury claims are governed by specific time limits, and failing to adhere to these deadlines can result in the loss of the right to pursue legal action.

If you have been injured due to another’s fault, an experienced Massachusetts personal injury lawyer can help you recover the maximum compensation you deserve.

Massachusetts Personal Injury Statute of Limitations

In Massachusetts, the personal injury filing deadline for a lawsuit is generally three years from the date of the injury. This applies to all types of personal injury cases, including motor vehicle crashes and slip-and-fall accidents.

The three-year statute of limitations is outlined in Massachusetts General Laws, Chapter 260, Section 2A. This means that if you suffer an injury due to someone else’s negligence, you must file a lawsuit within three years of the date the injury occurred. If the lawsuit is not filed within this Massachusetts injury claim timeline, the court will likely dismiss the case, and the injured party will lose their right to seek compensation.

How the Statute of Limitations is Calculated

The clock on the Massachusetts statute of limitations typically starts on the date the injury occurred. For example, if you were injured in a car accident on January 1, 2024, you have until January 1, 2027 to file a lawsuit. However, there are some exceptions and nuances that can affect when the statute of limitations begins.

Tolling of the Statute of Limitations

In certain situations, the statute of limitations can be “tolled,” or paused, effectively extending the deadline to file a lawsuit. Common reasons for tolling the statute of limitations in a personal injury case in Massachusetts include:

Minor Victims: If the injured party is a minor (under 18 years of age), the statute of limitations does not begin until the minor turns 18. This means a child injured in a car accident at age 10 would have until their 21st birthday to file a personal injury lawsuit.
Mental Incapacity: If the injured person is mentally incapacitated at the time of the injury, the statute of limitations may be tolled until they regain their capacity to understand and manage their legal affairs.
Defendant’s Absence: If the defendant leaves Massachusetts for a significant period after causing the injury, the statute of limitations may be paused during their absence.

Statute of Limitations for Wrongful Death

In wrongful death cases, where a person’s death is caused by another party’s negligence, the statute of limitations is also three years, but the clock starts from the date of death, not the date of the injury. This is outlined in Massachusetts General Laws, Chapter 229, Section 2.

Notice of Claim Requirements for Government Claims

Injuries Due to Defects in Roads or Walkways

If you are injured because of a defect in a road or walkway, you must follow strict rules under Massachusetts law to avoid being barred from filing a personal injury lawsuit seeking compensation.

30-Day Notice Requirement

Under Massachusetts General Laws, Chapter 84, Sections 15 and 18, if you’re injured due to a defect in a public road or walkway, you can file a personal injury claim against the city, town, or person responsible for maintaining it. However, you must provide written notice of the injury within 30 days of the accident.

Presenting Your Claim Against a Public Entity Within Two Years

If your claim is against a public entity (such as the state, a city, or a town), you must also file a written presentment to the executive officer of that entity within two years of the accident, as required by Massachusetts General Laws, Chapter 258, Section 4. This is in addition to the 30-day notice. The presentment must detail your claim and compensation demands.

Why Early Legal Representation from the Law Offices of John P. DiBartolo, Jr. Matters

In personal injury cases, getting legal representation early in the process can bolster your case for damages. At the Law Offices of John P. DiBartolo, Jr., our Massachusetts personal injury lawyer can help you manage the following aspects of your case:

Ensuring Timely and Comprehensive Medical Care

Immediate Medical Care: Our personal injury attorney team will assist in coordinating timely medical evaluations, ensuring that all necessary treatments are administered promptly.
Long-term Rehabilitation: Beyond initial care, we also ensure you get the ongoing support you need, such as physical therapy and specialized treatments that promote full recovery.
Documenting Medical Records: We will help you obtain detailed medical records, which establish the full extent of your injuries. Without complete medical documentation, insurance companies may attempt to downplay your injuries.

Shielding You from the Insurer’s Unfair Tactics

Lowball Settlement Offers: Insurance adjusters may make settlement offers soon after the accident, which are typically far below the true value of your case. By getting legal representation early, we can shield you from these unfair offers.
Recorded Statements: Insurers may pressure you to provide a recorded statement about the accident, which can be used to weaken your claim. We will take over all communication with the insurance company to protect your rights.
Dealing with Pressure Tactics: Adjusters may use other pressure tactics, such as implying your claim will be delayed or denied unless you comply with their demands. We prevent you from being bullied by these strategies.

Swift Investigation to Preserve Critical Evidence

Preempting the Defendant’s Investigation: Insurance companies may send “rapid response teams” to accident scenes, sometimes arriving before law enforcement has left. If you don’t have your own legal team working just as quickly, the defendant’s narrative may become the official version of events.
Preserving Evidence Before it Disappears: Certain types of evidence, such as skid marks, impact points, vehicle damage, surveillance footage, body cam footage from police officers, and 911 recordings can get lost or distorted. Our team acts quickly to gather and preserve evidence.
Preventing One-Sided Stories: In many cases, the negligent party may provide inaccurate or misleading information to the police or insurance companies after the accident. Early legal representation allows us to step in quickly, making sure that your version of events is heard and that critical evidence is collected to counter any false or skewed narratives.

To schedule your free consultation with the Law Offices of John P. DiBartolo, Jr., call us at (413) 529-2955 or contact us online.