So, how long can you sue after a car accident? First, you need to understand Massachusett’s no-fault insurance laws. When you have an accident in the state, you should file your claim with your personal injury protection (PIP) coverage to receive compensation for your medical expenses even if you were not at fault. You can’t step outside of the Commonwealth’s no-fault system to file a lawsuit against the at-fault driver unless your injuries are serious enough to qualify. If you suffered serious injuries, you won’t be limited to a PIP claim with your coverage and can seek to hold the at-fault driver who caused your crash liable to pay damages.
Massachusetts has a statute of limitations for injury lawsuits, including those filed following a car accident. Found in Mass. Gen. Laws, Ch. 260, § 2A, this law sets a deadline for filing a lawsuit after your accident. If your injuries are serious enough to allow you to file a lawsuit after stepping outside of your PIP insurance coverage, you must ensure you do so within the time limit. If you try to file your lawsuit too late, your claim will be time-barred and dismissed by the court.
The deadline for filing an auto accident claim involving injuries in Massachusetts is no later than three years after it happened. If your case involves a loved one’s death, the deadline for filing a wrongful death claim will apply. This statute is found in Mass. Gen. Laws., Ch. 229, § 2. Under this law, you have three years following the death of your loved one to file a lawsuit against the person who caused their death.
If the victim of a car accident who was seriously injured is younger than age 18, the statute of limitations period will be tolled under Mass. Gen. Laws, Ch. 260, § 7. Under this law, the statute of limitations will not start to run until the victim turns 18. They will then have three years to file a lawsuit.
All people in Massachusetts must carry PIP coverage as a part of their auto insurance. PIP coverage pays up to a limit of $8,000 for your medical expenses, 75 percent of your lost wages, and any services you need while you recover to perform household chores. It does not pay for your pain and suffering or damage to your vehicle, however.
To file a lawsuit, you must have either incurred more than $2,000 in medical bills or have suffered injuries that are permanently and seriously disfiguring (including fractured bones) or resulted in the permanent loss of your vision or hearing. If your injuries qualify, you can file a lawsuit against the at-fault driver and their insurance company.
While the general statute of limitations for filing a car accident lawsuit in Massachusetts is three years, it is best to contact a lawyer as soon as possible. When you retain an attorney soon after your collision, your lawyer will have more time to gather evidence that could support your claim. When you wait, important evidence can be lost.
The attorneys at Ellis & Associates have years of experience handling car accident claims for victims. To learn about your rights and the options that might be available, call us today at 800-MR-ELLIS.
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