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Statute of limitations for car accident injury in MA

Hello. I have an odd situation where I was hit while riding my bike nearly three years ago. The car knocked over my bike and my head (with helmet) hit a guardrail at an odd angle. At the time I felt fine. There was no problem with my head and my neck was just a little sore. But I didn't think anything of it because my neck seemed to get better over time and I really did not want to sue anyone. But over the last couple of years my neck has been getting worse and more stiff and my doctor now tells me I may need surgery for a compressed disk that is really beginning to cause me pain. What is the statue of limitations for an injury case in Massachusetts and do I get more time because my injury was not immediately apparent to me?

 
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statute of limitations in MA

As a general rule, the statute of limitations for a personal injury case is three years in Massachusetts.  There are exceptions to the statue of limitations under the law of Massachusetts.  One such exception is commonly known as the "discovery rule."   In cases where the injured party is not aware of the cause of his injury, or that he has been injured, the three year period specified in the statute does not begin to run until the injured party discovers, or should reasonably have discovered, his injury.

However, let me make this perfectly clear.  If you have any intention of filing a claim, you should talk to a personal injury attorney immediately.  I have no idea if the exception I describe above is applicable to your case, and you should try to file your claim, if at all, within the three year period.  Good luck to you.

 

You have under Massachusetts

Submitted Mon, 08/01/2011 - 10:22.

You have under Massachusetts law three years to file a bodily injury claim against whomever injured you. However, if you were injured by an uninsured motorist, you would then have six years. Let us know if we can assist, as we handle personal injury cases. From what you describe, the statute of limitations, without knowing more, is unfortunately three years.
 
Attorney Chris Earley

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