In Massachusetts, the laws set deadlines by which a lawsuit must be filed. This deadline is called the statute of limitations. The deadline differs depending on what type of legal action or case is being pursued. There is a specific statute of limitations for accident and injury cases.
In Massachusetts, the statute of limitations or deadline for personal injury lawsuits is three years. The statute of limitations begins to run when the injured party knew or should have discovered the negligence that caused the injury. This means that for injuries from a motor vehicle accident, slip and fall, or any other personal injury case, a lawsuit must be filed before the expiration of the three-year deadline.
If the bodily injury claim is not settled with the insurance company or a personal injury lawsuit is not filed in Court before the three-year deadline, then the injured person's legal right to pursue a claim for damages has expired and the injured party or plaintiff will be forever barred from pursuing or recovering compensation through legal means for the injuries they suffered in an accident.
If a personal injury lawsuit in Massachusetts is filed after the three-year statute of limitations deadline, the defendant can and will, most likely, file a Motion to Dismiss the lawsuit. If the Judge or Court determines that the injury lawsuit was filed after the statute of limitations deadline, it is highly likely the Judge will allow the defendant’s Motion to Dismiss and the lawsuit will be dismissed. The plaintiff will then be left with no further legal options to seek or recover compensation for the injuries and damages they suffered in the accident.
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