How Long Do You Have to File a Lawsuit After a Car Accident in Massachusetts?
As defined by Boston law and throughout Massachusetts, the statute of limitations refers to the amount of time a victim has to file a lawsuit. In the case of a car accident, the statute of limitations in Massachusetts is three years from the date of the car accident. For example, if a car accident happened on May 2, 2017, the injured person would have three years, or up through May 2nd, 2020, to file a lawsuit.
Any claim filed after the Boston car accident statute of limitations may be tossed out or denied. To avoid having your potential claim thrown out, contact a detail-oriented attorney today. Doing so could increase your chances of filing a successful claim.
Hit and Run Accident Suits
In addition to the Boston car accident statute of limitations, there could be other requirements for filing a claim depending on who the negligent driver was. For example, under the auto policy laws in Massachusetts, if there is a hit-and-run car accident and a person’s car is damaged, the victim sustained personal injuries as a result of the accident, and the other driver fled the scene and was not identified, there is a 24-hour requirement to notify one’s insurance.
Filing a Claim Against Government Entities
If an auto accident claim involves a government official or agency, the deadline for filing a claim may change as well. If the negligent driver was a governmental employee, then under Massachusetts General Laws Chapter 258, there is a presentment requirement and time period to make presentment to the government entity for which the negligent driver was working or employed. In this case, the presentment requirement is two years.
There is plenty of room for error for those who are unfamiliar with the claims process involving a government entity. To avoid making an error, it is recommended to retain an experienced Boston car accident attorney who can make sure that any required presentment letter is made both timely and correctly.
Benefits of Hiring an Attorney
If you were injured in an auto wreck, it is strongly recommended to consult with an attorney well before the Boston car accident statute of limitations expires. One of the ways an attorney could help with the gathering of all documentation supporting your injury claim. This includes any relevant evidence that could prove that the at-fault party was driving negligently.
In addition, an attorney could help obtain any medical documentation and records, doctor’s reports, and medical bills to further support your claim. A lawyer should also be trying to settle your case for a reasonable amount with the negligent driver’s insurance company. If a settlement cannot be reached, you should file a lawsuit within the statute of limitations so that your claim may proceed to the court system.
If you wish to start taking advantage of these benefits, be sure to schedule a consultation with a skilled attorney. The sooner you are able to sit with an attorney to discuss your case, the more time you will have to present a convincing injury claim.