Understanding the Massachusetts Personal Injury Lawsuit Statute of Limitations

Whether you’re involved in a car accident or experience another type of personal injury, the weeks, months, and even years following the original incident can be busy. You may be working to heal and dealing with medical treatments and expenses. It’s common for individuals and those in their households to need to acclimate to a new normal in the wake of a major injury.

However, none of that stops time from passing, and it’s important to realize that you have a limited time to file a personal injury lawsuit.

How Long Do You Have to File a Personal Injury Lawsuit in Massachusetts?

Under Massachusetts law, the statute of limitations for most personal injury claims is three years from the date of the injury. Consider some hypothetical situations to understand how this statute of limitations works:

  • Mike was in a car accident on August 3, 2023. This accident resulted in injuries that he would like to seek compensation for. He has until August 3, 2026 to file a personal injury lawsuit in the matter.
  • Latisha underwent a medical surgery, and a mistake during the procedure resulted in an injury. The surgery was performed on July 12, 2022. Latisha has until July 12, 2025 to file a personal injury lawsuit.

After three years, in most cases, you can’t successfully file a personal injury lawsuit. If you did, the defense would be able to file a motion to dismiss the case because the statute of limitations had passed. 

Are There Any Exceptions to This Rule?

Some exceptions to the rule above do exist in Massachusetts. In some cases, you may have longer than three years from the date of injury to file a personal injury claim. In one type of case, you may need to take action sooner.

The Discovery Rule

The state has a discovery rule that makes allowances for the fact that you don’t always know you sustained an injury right away. Under this rule, the clock on the statute of limitations begins when someone discovers their injury if they may not have reasonably known about it beforehand.

For example, say someone takes a supplement that unknowingly causes them injury. They may not realize this is the case right away and may even continue to take the supplement until the symptoms of the injury are prevalent enough to cause them to seek medical attention. In this case, the statute of limitations may begin from the date they first sought medical attention and became aware that the supplement was causing their injury.

You can’t simply claim discovery was later than the injury to get this extension, however. It has to be reasonable. For example, if you’re in a car accident, there’s a reasonable chance you might have been injured. This is why it’s a good idea to get checked out by medical personnel as soon as possible after such an incident.

Wrongful Death Cases

The clock on the statute of limitations for wrongful death lawsuits begins when a person passes away and not from the date of the injury that caused them to pass away. This is true even if someone deals with the injury for a long period of time, though the person filing the lawsuit will have to demonstrate that the death was caused by that injury.

When the Injured Person Is a Minor

In some cases, the statute of limitations does not kick in until a person is no longer a minor. This is because a minor cannot take the legal action of suing someone. In these cases, the statute of limitations is three years after the injured person turns 18.

The At-Fault Person Leaves the State

If the defendant in a case moves outside of the state of Massachusetts after an accident occurs, then the amount of time they live outside of the state does not count against the statute of limitations.

For example, if Sue is at-fault in a car accident that injured James, and the accident happened on September 1, 2022, James would normally have until September 1, 2025 to file a personal injury lawsuit. However, if Sue moved to Virginia from October 1, 2022 through July 1, 2023, the statute of limitations clock is paused for those 10 months. That means James has until June 1, 2026 to file a personal injury case.

When a Government Party May Be at Fault

There are different processes involved when a government agency or employee may be at fault in a personal injury case. In some of these cases, you can’t simply sue the government agency before going through other processes. Often, you need to file a claim, referred to as a “presentment”, with the appropriate person at the government agency within two years of the injury. Thereafter, a lawsuit would still be required to be filed in court within three years of the date of accident.

Talk to a Personal Injury Lawyer as Soon as Possible

As you can see, the question of how long you have to file a personal injury lawsuit in Massachusetts doesn’t have a simple answer. Some of the rules and exceptions are discussed here. However, there may be other special rules not discussed here that could apply to your situation.

If you are injured in an accident of any type, understanding your options as soon as possible can be important to ensure you don’t miss any important deadlines.

Consulting an experienced personal injury team can help you understand those options. Reach out to Contant Law, PC, today to find out how we can help with your case and whether you still have time to file a personal injury lawsuit. Make an appointment by calling 617-221-8221.