A statute of limitations is a state-specific limit placed on the amount of time that can transpire between when an incident occurs and when the plaintiff can file a complaint about the incident. Both civil and criminal cases may be subject to a statute of limitations.
Statutes of limitations in criminal cases are generally longer than those in civil cases. In some criminal cases, such as murder and rape of a child, there is no statute of limitations. This means that a 50-year-old woman can come forward about having been raped as a child, and her attacker can still be punished for the crime.
When it comes to civil cases such as personal injury lawsuits, however, the statute of limitations is typically only a few years. In MA, if anyone suffers injuries or property damage in a, their lawsuit must be filed within three years of the crash. A can help you determine how to proceed if you’ve been injured due to another’s negligence.
What About Wrongful Death Claims?
Things get a bit trickier if someone is killed in an auto accident. Although the statute of limitations for wrongful death lawsuits is still three years in MA, the clock on these cases doesn’t start running until the victim dies. If the death occurred on the day of the accident, the three-year clock would begin on that day. If, however, the victim dies from related injuries weeks or months after the accident, the three-year countdown would begin on a different date than that of the accident.
In MA, there is one main exception to the three-year statute of limitations on car accidents. It’s called the “discovery rule.” In rare instances, the injured party in an auto accident may be temporarily unaware that he has been injured, or that the accident caused his injuries. Take Bob, for example. Bob is involved in a crash caused by a teen who was texting while driving. Although the accident was serious, Bob insists that he wasn’t injured, and the teen’s insurance covers the damage to the vehicle. About three weeks later, Bob goes to the hospital complaining of serious pain in his side. During a medical examination, doctors discover that one of Bob’s ribs is broken. Under the discovery rule, the date that the broken rib was discovered is the date that the three-year clock starts ticking.
Don’t Miss the Deadline
If you wait too long and miss the three-year deadline, the court will likely refuse your case. We cannot stress enough the importance of acting in a timely manner if you have been harmed due to another’s negligence. A Continue readingcan help you recover damages if you’ve been injured in a motor vehicle accident.