How Long Do You Have to Sue for Personal Injury?

When you suffer a serious personal injury, dealing with the aftermath can feel overwhelming. You will likely be focused on matters such as recovering from the incident and ensuring your bills are paid while you are out of work. However, you also need to consider the time limits for seeking compensation for your injuries.

How long do you have to sue for personal injuries in Massachusetts? Here is everything you need to know so you can pursue compensation.

The Massachusetts Statute of Limitations for Personal Injury Cases

Whether you have been injured in a car accident or are the victim of medical malpractice, it is vital that you file your personal injury claim before time runs out. Fortunately, the Massachusetts statute of limitations for personal injury claims is three years from the date of the incident. This deadline applies to the following:

• Car accidents;
• Slip and fall injuries;
• Workplace accidents due to negligence; and
• Medical malpractice claims.

Failing to file within this period may leave you unable to file a claim. Exceptions are rare, so act quickly.

When Does the Clock Start?

In Massachusetts, the statute of limitations clock starts ticking on the day of your accident. However, Massachusetts follows the discovery rule. This rule allows the statute of limitations to begin from the date your injury was discovered. The rule primarily applies to medical malpractice cases where internal harm is not diagnosed until months later.

Are There Any Exceptions?

There are very few exceptions to the three-year limit on filing personal injury claims in Massachusetts. Therefore, it is important to talk to an experienced legal professional as soon as possible.

If you have been injured due to someone else’s negligence, remember that every second counts. Call Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282) to book your free consultation.

Why You Should Not Wait to File Your Claim

Three years may sound like a long time to file a claim. The problem is that every day you wait, it becomes harder to salvage evidence and track down witnesses. Filing a claim as soon as you are able to do so gives your legal team a better opportunity to obtain maximum compensation.

Once an attorney takes your case, they will get to work preserving evidence and uncovering important facts that may support your claim. The goal is to build a strong case on your behalf so that the legal team enters negotiations from a position of strength.

Steps to Take After an Injury

If you have been injured due to someone else’s negligence, follow these important steps:

Get Medical Attention

Your medical needs always come first. Get treated at the scene and go to the hospital to be thoroughly evaluated by a healthcare provider. The medical evaluation and any diagnostics testing that the provider performs will serve as valuable evidence when filing a claim.

More importantly, the evaluation will reveal the state and nature of your injuries. Brain injuries can be particularly dangerous due to the complex nature of the brain. Receiving prompt treatment gives you a chance to begin a care plan and start on your road to recovery as soon as possible.

Gather Evidence

If you are able to, start gathering evidence while you wait for EMS to arrive. Do not tamper with any evidence — simply take photographs and videos of what you see. Focus on aspects of the scene that are important to your injuries, such as a damaged sidewalk or wet floor.

You can not take too many photos. It is better to have extra photographs than miss an important piece of evidence that your attorney needs.

Talk to Witnesses

If anyone witnesses the incident, talk to them and ask if they will provide their contact information. A phone number, name, and email address will suffice. You can pass this information on to your attorney if you decide to file a claim.

Witnesses can play a key role in telling your side of the story. They may also be able to help prove that the other party acted negligently. This is a critical component of personal injury claims.

Keep Track of Everything

Save every receipt and document you receive after your injury. Some examples include the following:

• Medical bills;
• Medical reports;
• Crash reports;
• Case numbers from law enforcement;
• Fuel receipts; and
• Receipts for miscellaneous expenses.

When suing for a personal injury, the goal is to obtain fair compensation for all of the direct and indirect expenses that you incurred. Saving receipts and other relevant documents will help your attorney calculate the costs of your injuries. In addition to direct costs, your attorney will also consider indirect impacts like pain and suffering.

Consult an Attorney

Schedule a consultation with an experienced attorney as soon as possible. Christopher F. Cava and Jennifer L. Cava-Foreman of Cava Law Firm offer free consultations so you can get the legal guidance you need without worrying about taking on additional expenses. Our practice also bills on a contingency basis, which means you do not pay unless we win.

Protect Your Right to Compensation

If you have been injured due to someone’s negligence, you may be entitled to compensation for the following:

• Medical bills;
• Lost wages;
• Pain and suffering; and
• Miscellaneous expenses.

However, the clock is ticking. Act fast so Cava Law Firm can fight for your rights and work to preserve critical evidence.

Speak With Cava Law Firm Today

Dealing with the impacts of a personal injury case can be overwhelming, but you do not have to face it alone. At Cava Law Firm, we are committed to providing aggressive legal representation to injury victims throughout Massachusetts.

To book your free consultation, call us at (413) 737-3430 or (413) 781-CAVA (2282).

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]