Massachusetts Statute of Limitations for a Personal Injury Lawsuit
For filing personal injury lawsuits, Massachusetts sets its own statute of limitations. This is applied in the state’s court system following an accident. If you are the injured person, the Massachusetts Personal Injury law grants you a maximum of three years to submit a personal injury claim in Massachusetts’ superior court.
Generally, the three-year rule will commence counting on the exact accident date. However, there are some cases where a car accident, for example, an injury cannot be detected yet. In these rare instances, the three-year limitation cannot start yet until the damage has been detected – this is called the discovery date.
Essentially, an injury victim should be aware of the three-year rule. Otherwise, they will be estopped or lose the right to have their case heard in court. That brief explanation may not seem to make sense if you are looking for an immediate injury settlement with your insurance company; however, it is important to note that there are some situations in which you will need to pursue other options. Everything will start to matter in that case.
If you or someone you know is an injured person and has numerous questions about how to file a Personal Injury lawsuit in Michigan, The Law Offices of Barry Feinstein & Affiliates, P.C. can provide effective legal help. In every catastrophic injury, the recovery for it will not be that easy. In filing an injury claim, you deserve a personal injury lawyer with extensive experience, proven competencies and skills in legal matters, and a solid reputation.
Our compassionate and dedicated Personal Injury Attorney will help you recover your losses by understanding your unique situation and providing personalized legal assistance. With more than 25 years in the legal field handling complex personal injury cases, our team will always pursue the advancement of our clients’ best interests. Don’t hesitate to call our law office today and set a free initial consultation.
How To File A Personal Injury Lawsuit in Massachusetts
Filing personal injury claims are, in most cases, the only solution to get the full extent of your damages. However, before filing your claim, it is very important to get an overview of the basic steps. Below, we will discuss how to file a personal injury lawsuit in Massachusetts:
Seek For Medical Help
Before considering filing an injury claim, always seek medical help as soon as possible. Notwithstanding your circumstance, the first thing you need to address is your injury. Furthermore, Massachusetts personal injury law mandates you to abide by an insurance company’s request for additional medical tests, or your benefits may be revoked.
Obtain The Facts
In any personal injury case, it is imperative to note what happened in the event. You need to have records of the following:
- Parties Involved – If you are able, you must ensure that you obtain the contact information and names of every party involved in the accident. This includes, but is not limited to:
- If the personal injury incident took place in a vehicle or car accident, you should get the names of the passengers, drivers, and all other parties involved.
- If the personal injury incident took place in a building, try to discover who is the manager or the owner. While we can do the searching for you, it would be helpful if you could provide relevant information, such as witnesses, that will demonstrate how the building was structured.
- Insurance – Always ensure that you obtain the contact information and name of every insurance company.
- Pictures – Take as many pictures as you can with your phone. If you are unable to do so due to your injury, you may seek the assistance of a witness. When humans see someone injured, it is instinctual for them to come to a halt. This type of information could be used to your advantage later on as evidence.
- Medical Paperwork – Suppose that you are treated, do not forget to keep all the paperwork you receive from the hospital or the doctor.
- All Relevant Documentations – This applies to workplace injuries. Let your employer know about the incident and request any appropriate leave you might take. Other than your physician, your employer may request to have you examined by a medical professional.
Get Professional Assessment by a Boston Personal Injury Lawyer
When you or someone you know suffered from a catastrophic injury due to another’s fault or negligence, you are still not certain if it is someone else’s mistake. While this is the situation, contacting The Law Offices of Barry Feinstein & Affiliates, P.C. will erase your worries and quandaries.
We painstakingly evaluate the facts of every personal injury case, do a critical investigation, and give wise advice about the merits of your case. Albeit our previous accomplishments and notable cases resolved cannot give you a guarantee of winning the case, we are happy and proud to demonstrate our verdicts & settlements:
- Medical Malpractice (November 2021 Settlement – $2,000,000.00)
- Fall Down (April 2022 Settlement – $100,000.00)
- Personal Injury (April 2022 Settlement – $100,000.00)
- Work Injury (March 2022 Settlement – $100,000.00)
- Truck Accident (November 2021 Settlement – $500,000.00)
Personal Injury Claim Procedure
If you are wondering if you need a Massachusetts Personal Injury lawyer to file a claim, the wise answer is yes. Remember that when you file for a claim, you have an opponent, also known as the defendant of the case. The latter will likely hire its counsel. So, in the same vein, you, as the plaintiff, should also look for an excellent Personal Injury Attorney.
When you hire your counsel, the law firm will file the complaint with the appropriate court. This allows the latter to learn about what occurred during the incident and summarize your complaints against the defendant. The defendant will be asked to file an answer after the court receives it.
Normally, the discovery period will commence after this. During the discovery, both parties will digest the facts, information, or relevant evidence as they craft to utilize during the hearing. They may be ordered by the court to have oral arguments and written dispositions among others.
Before the trial, your personal injury attorney will meet with the defendant for a conference, which will also be ordered by the court.
Settlement or Court
Other than resolving it legally, both parties may choose a settlement. It will be less of a hassle, is quicker, and easier than the settlement. The primary purpose of the trial is to establish that the respondent or defendant was negligent in causing the plaintiff’s injury. Both parties are heard and have the opportunity to present their positions, evidence, defense, and allegations regarding the case.
Your Massachusetts Personal Injury Attorney will guide you through the following steps:
- pre-suit procedure;
- discovery process;
- mediation, if ever both parties agreed;
- settlement resolution;
- a trial.
Appeals are made if one of the parties is not satisfied with the result of the original suit. This is to determine whether there was an abuse of discretion on the part of the lower court.
File Personal Injury Lawsuit Now!
Generally speaking, the Massachusetts law gives you three years to file your personal injury claim. However, under the law, notice provisions exist for certain claims. These may require the plaintiff to submit a certified letter within 30 days or two years. Hence, getting legal advice from an experienced Personal Injury Attorney as early as you can is a must.
Here in The Law Offices of Barry Feinstein & Affiliates, P.C., we handle every case seriously to pursue the compensation you deserve. Our extensive courtroom experience defending clients with personal injury claims enables us to provide the best possible outcome for you. We also handle Birth Injuries, Dog Bites, Defective Products, Toxic Torts, Wrongful Death, and Hit and Run among others. Set a free consultation now to have your case evaluated!