In Massachusetts, you generally have three years from the date of the accident to file a personal injury lawsuit. This deadline is called the statute of limitations. If you miss it, you may lose your right to seek compensation.
The Three-Year Rule
Under Massachusetts General Laws Chapter 260, Section 2A, most personal injury claims must be filed within three years of the date of the injury. This includes car accident cases. For example, if you were hurt in a crash on March 1, 2023, you would generally need to file your lawsuit by March 1, 2026.
Three years may sound like a long time. However, building any strong accident case takes time. If you wait too long, evidence disappears, memories fade, and medical records are more difficult to gather. Ultimately, waiting too long can hurt your case even before the deadline.
Are There Exceptions to the Deadline?
There are a few situations in which the MA statute of limitations may be paused or extended. These are called tolling provisions.
- Minors: If the injured person is under 18, the three-year clock generally does not start until their 18th birthday. (M.G.L. c. 260, s. 7)
- Defendant’s absence: If the at-fault driver left Massachusetts after the crash, the time they were gone may not count toward your deadline. (M.G.L. c. 260, s. 9)
- Fraud or concealment: If someone hid information that prevented you from knowing you had a claim, the clock may start later. (M.G.L. c. 260, s. 12)
These exceptions are narrow. Do not assume they apply to your situation without speaking to a car accident lawyer in Massachusetts first.
What About Wrongful Death Claims?
If someone died as a result of a car accident, the family may have a wrongful death claim. In Massachusetts, wrongful death lawsuits must generally be filed within three years of the date of death. (M.G.L. c. 229, s. 2)
Do Not Wait to Get Legal Help
Missing the filing deadline almost always means losing your case. Call the personal injury lawyers at DiBella Law Injury and Accident Lawyers at 855-342-3552 as soon as possible or fill out a contact form. The consultation is free, and you pay nothing unless we win. Every case is personal to us, and we will make sure your rights are protected.