Like all other states, Massachusetts has laws which govern the period in time in which a lawsuit for personal injuries can be filed. That time period is called a statute of limitations. Generally speaking, statute of limitations have very few, if any, exceptions. In the event the statute of limitations passes without the necessary complaint being filed in court, the case will be forever moot. Generally speaking, for personal injury claims in Massachusetts, the statute of limitations is three years for adults. For minors that are injured due to negligence, the statute of limitations runs three years from their 18^th birthday.

If you are involved in a motor vehicle accident in Massachusetts, you have three years to file a lawsuit against the person or company responsible for causing the accident. This is a very rigid and inflexible rule. As long as a lawsuit is filed within three years, your case will be protected. However, if the statute of limitations is missed without a lawsuit being filed, your case will be forever time-barred.

Similarly, if you are involved in a slip and fall accident, the statute of limitations, as well, is also three years from the date of the accident. Therefore, if you slip and fall at someone’s property, and the claim doesn’t settle within three years of the date of the accident, a lawsuit will be forever time-barred.

Claims against the Massachusetts Bay Transportation Authority (or MBTA) have three-year statute of limitations. However, they have a specific procedural wrinkle. Claims against the MBTA must first be presented in writing within two years of the accident. This is called a presentment notice requirement. Presentment is a legal word for notice. The letter of notice regarding the claim against the MBTA must state specific facts and details regarding the allegations that have been filed against the MBTA.

If you have an injury claim in Massachusetts and more than three years have passed, more likely than not, you’re barred from filing a lawsuit against the responsible party. However, if it has been less than three years since the date of your accident, and you still have not retained representation, now would be a good time to seek out legal counsel regarding the rights that may be available to you.

If we can be of assistance to you with any questions you may have related to personal injury law in Massachusetts, I encourage you to contact the Earley Law Group Injury Lawyers at 617-444-7777. As well, I encourage you to check out The Truth Series, which covers many different areas of personal injury law, which are intended to help you, the injury victim, make the best possible legal decisions for your case.