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

In Massachusetts, an individual who has suffered an injury has three years from the date of the accident or injury-causing event to file a claim in civil court. Failure to file within this time frame can result in the court dismissing the case, leaving the injured party without legal recourse. However, there are important factors that determine how the statute of limitations is applied.

The statute of limitations for personal injury cases is generally triggered on the date the injury occurs. In most situations, this is straightforward. In car accidents, for example, the statute of limitations begins on the date of the crash. However, in cases where the injury is not immediately apparent, the “discovery rule” may apply. The limitations period may not start until the injured party knows or reasonably should have known about the injury and its cause. For example, a person is exposed to toxic chemicals might not develop symptoms for several years.

While the three-year statute of limitations applies to most personal injury cases, Massachusetts law provides several exceptions that can either extend or toll (pause) the filing deadline:

1. Minors and incapacitated individuals — If the injured party is a minor (under the age of 18) at the time of the injury, the limitations period does not start running until they turn 18. For incapacitated individuals, the statute is tolled until they regain legal capacity.
2. Out-of-state defendant — If the party being sued is outside the state of Massachusetts for a period of time after the accident, the statute of limitations can be tolled until the defendant returns to the state. 
3. Medical malpractice cases — The discovery rule plays a more critical role. If an injury is not discovered until later (e.g., due to a misdiagnosis), the statute may be extended to account for the delayed discovery. However, there is a statute of repose in medical malpractice cases, which caps the filing period at seven years from the date of the alleged malpractice, regardless of when the injury was discovered. Exceptions exist in cases of fraudulent concealment by the medical provider or of foreign objects being left inside the patient’s body.
4. Wrongful death — The statute of limitations for wrongful death lawsuits is also three years, but it is triggered on the date of the victim’s death rather than the date of the accident or injury. This allows family members of the deceased additional time to file a lawsuit if the victim does not pass away immediately after the accident.

Adhering to the statute of limitations is essential to preserving the right to sue for damages. Missing the deadline almost always results in dismissal. An experienced Massachusetts personal injury attorney can determine the appropriate time frame in your case and make sure the lawsuit is filed on time.

Feinberg & Alban PC aggressively pursues personal injury claims throughout eastern Massachusetts. We have offices in downtown Boston, Brookline and Worcester. Please call 617-232-5950 or contact us online to discuss your legal options in a free consultation.