Car Accident Statute of Limitations in Massachusetts
Massachusetts law establishes what is known as a statute of limitations, which establishes deadlines by which all types of lawsuits must be filed. The statutes of limitations extends to car accident cases. The failure to file a lawsuit within the time frame mandated by law precludes you from pursuing a claim through the court system all together.
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Function
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The function of the Massachusetts statute of limitations for car accident lawsuits is established to ensure that these types of cases are brought in a timely manner. The purpose is to make certain that a lawsuit is filed while witnesses remain available and before evidence becomes stale, lost or destroyed.
Time Frame
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The general time frame associated with the statute of limitations for lawsuits arising out of a car accidents, pursuant to Massachusetts, law is three years. One exception exists in regard to a hit and run car accident. In the event of a hit and run accident, a lawsuit must be brought within six months of the time the injured person learns the identity of the negligent person if the three-year time limit previously passed.
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Considerations
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You cannot, under any circumstances, extend the time period associated with the statute of limitations. The statute of limitations is what legally is called a "jurisdictional law." A court requires compliance with the statute of limitations in order to obtain jurisdiction over a case. Jurisdiction is the legal ability of a court to preside over a case.
Petition
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The statute of limitations continues to run until you file a petition in court suing the person who was negligent in the car accident. Merely filing an insurance claim does not stop the statute of limitations from running.
Expert Assistance
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Dealing with the aftermath of a car accident can be emotionally and legally challenging. Consider engaging the services of a qualified, experienced attorney to represent you in such a case. The Colorado Bar Association maintains a directory of attorneys in different practice areas, including those with expertise in car accident lawsuits.
Massachusetts Bar Association
20 West St.
Boston, MA 02111-1204
617-338-0500
massbar.org
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References
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