Submitted by admin on Fri, 10/31/2008 - 08:43
What does MA law say about how long I have to file a claim for an injury I suffered? (Posted by Shedog on the Forum.)
The following response was posted by Attorney Lisa Sigman of the Sigman Law Office, PC:
The short answer is that you have 3 years in which to file a claim, beginning at the moment you knew or should have known the injury occurred. Under Massachusetts law, there are exceptions to this rule, and for some injuries, there is also a statute of repose - or an absolute time after which you can not file a claim, whether you have yet discovered the occurrence of the injury or not.
In any case, do not delay, contact an attorney who handles Personal Injury to help you determine if the statute has run out or not.
Attorney Sigman is correct and, because of the exceptions she mentions, it is important to talk to an attorney as soon as you become aware of an injury or of an act that may eventually cause injury. One of the exceptions provided by Massachusetts law is 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 period specified in the statute does not begin to run until the injured party discovers—or should reasonably have discovered—his injury. So, for example, although medical malpractice claims must ordinarily be commenced within three years of the act or omission causing the injury,in cases where a foreign object is left in the body the period of limitations does not begin to run until the injured party discovers or should have discovered the object. However, in no case may the claim be filed more than 7 years after the date of the act that caused the injury. (The Statute of Repose.) For more information or to post a question visit our MA Medical Malpractice Discussion Forum.