Statute of Limitations on Truck Accidents

If you or your loved one were involved in a serious truck collision that was caused by the truck driver or someone else, you might be entitled to compensation for your losses. However, you must act quickly to preserve your rights. Understanding the statute of limitations on truck accidents that will apply to your case is crucial. Scroll down to learn about the statute of limitations in Massachusetts.

What Is the Statute of Limitations on Truck Accidents?

The statute of limitations is a law that limits the time during which plaintiffs can file lawsuits. There are different statutes of limitations for different types of legal cases, including personal injury cases and wrongful death lawsuits. If you fail to file a lawsuit within the limitations period, your claim will be time-barred. This means the defendant will file a motion to dismiss your claim based on its untimeliness, and the court will likely grant the motion. If your claim is dismissed based on being out of time, you won’t be able to pursue compensation for your losses.

Statute of Limitations for Injuries

The Massachusetts personal injury statute of limitations is found in Mass. Gen. Laws, ch. 260, § 2A. Under this law, an injured plaintiff must file a personal injury lawsuit for injuries resulting from a truck accident no later than three years after the accident occurred. If you don’t file a lawsuit within this period, you won’t be able to pursue legal remedies for your accident-related injuries and losses.

Exceptions to the Personal Injury Statute of Limitations

The three-year personal injury statute of limitations is a general rule, but there are a couple of recognized exceptions. If you were a minor when your accident occurred, the limitations period will be tolled until you turn 18. This means the deadline clock will not begin to run on your ability to file a lawsuit until you reach age 18. At that time, you will then have until your 21st birthday to file a lawsuit. However, an injured minor’s parent or guardian will typically step in to file a lawsuit on the child’s behalf. If they recover compensation, the money will be placed in a trust until the minor turns 18. A second exception exists for a mentally incompetent victim. If a victim is incompetent, the limitations period will be tolled until their competency is restored.

Statute of Limitations for Wrongful Death

Like truck accident claims involving personal injuries, those involving wrongful death also must be filed within three years. However, when the clock begins to run is calculated differently in wrongful death vs. personal injury claims in Massachusetts. Instead of the clock running from the date of the accident, the statute of limitations for a wrongful death case will begin to run from the date of the victim’s death. This means that if your loved one survived their injuries for a few weeks or months before succumbing, the limitations clock will begin to run at the time of their death instead of the date of their accident. Only your loved one’s estate executor or administrator can file a wrongful death lawsuit on the estate’s behalf for the benefit of the beneficiaries, however.

New Court Decision and Wrongful Death Statute of Limitations

A recent decision by the Massachusetts Supreme Judicial Court impacts the statute of limitations for wrongful death cases in the state, including those involving truck accidents. In Fabiano v. Philip Morris USA Inc., 492 Mass. 361 (2023), the court ruled that a wrongful death claim will not be available if the personal injury statute of limitations expires while the victim remained alive even if they subsequently succumbed to their injuries. This means that if your loved one lived for three or more years following their truck accident before ultimately dying from their injuries, the estate executor or administrator will not be able to file a wrongful death claim if your loved one never filed a personal injury lawsuit for the accident.

Speak to Ellis & Associates

Regardless of whether your case involves personal injuries or the death of your loved one in a truck accident, you must pay attention to the relevant statute of limitations on truck accidents. It is best to speak to a lawyer as soon as possible without waiting until you are near the deadline. This gives your attorney more time to investigate the accident and preserve evidence that could otherwise be lost or destroyed. Contact Ellis & Associates for a free consultation today by calling 800-MR-ELLIS or sending us a message online.