Can I File A Personal Injury Lawsuit At Any Time In The State Of Massachusetts?
There are time periods in which personal injury claims must be filed. These time periods are known as “statutes of limitations.” If these time periods are not complied with, you will be “barred” (prohibited) from filing a claim. That means that if you don’t file your claim in a timely fashion, you lose.
However, while people often speak of "the statute of limitations” as if there were only one, in actuality, there are many different limitations periods for civil actions. Even for personal injury cases, the limitations period varies depending on the personal injury involved. For example, ordinarily, a medical malpractice case must be brought within three years of the date of the injury. However, there are some exceptions which extend this time, and other exceptions which impose additional time limits. If the malpractice is not known or reasonably knowable, then the clock does not begin running until the plaintiff becomes aware of the injury or the malpractice. This is known as the "discovery rule." At that point—when the plaintiff discovers, or reasonably should discover, the injury—the 3 year limitation period begins to run.
There is a modified malpractice statute of limitations for children under the age of 6. The statute may be extended to up to 6 years, but for a minor under the age of 6, the suit must be brought by his or her ninth birthday—which means that for 5 year-old children, it will still be essentially a 3year statute.
In addition, Massachusetts also has a strict “statute of repose” (i.e. a complete bar on the time a suit can be filed) on medical malpractice cases. Except in cases of retained foreign objects, such as sponges or surgical instruments left inside a patient, no suit may be brought more than 7 years after the negligent act occurred.
For the average person, this can get very technical and confusing. If you are worried that too much time may have passed since your injury, consult with a qualified Massachusetts personal injury lawyer immediately. An attorney can determine which statute of limitations applies, whether there are any exceptions applicable to your case, and help preserve your claim by beginning an action on time.
For more articles on personal injuries in Massachusetts, click on the following articles:
What are Personal Injury Cases in Massachusetts?
What Constitutes Negligence In The State Of Massachusetts?
How much is my personal injury case in Massachusetts worth?
How Are Personal Injury Damages Calculated In The State Of Massachusetts?