As a victim of personal injury—be it through a car accident, a motorcycle accident, a severe slip and fall incident at the department store, or even a bite from your neighbor’s ferocious dog—you are entitled to compensation for your injury.
But this is just one piece of the puzzle. When should you initiate your claim? If you do it too early when you don’t have an accurate estimate of the extent of your injury, you may underestimate the value of your claim. Then again, it’s best to collect evidence while it’s still “fresh” immediately after the incident.
At the same time, waiting too long is not practical due to the statute of limitations, which is the legal timeframe within which personal injury victims are required to initiate their claims. The statute of limitations in Massachusetts is generally three years.
All that being said, when should you file your personal injury claim? Find out in this article.
Statute of Limitations
As we’ve mentioned, the Statute of Limitations sets the maximum time you have to file your personal injury claim. The rule for Massachusetts is typically three years, but the exact application depends on the nature of the injury and how it was discovered.
Generally, the clock starts ticking once the injury is discovered. So, if a person were involved in a car accident two years ago and only recently discovered the consequence of the crash, they would have three years from the date of discovery to file a claim.
At the same time, the statute of limitations is typically extended for minors until they turn 18. Thus, if your child is injured in a car accident when they are still a minor, the statute of limitations will only apply after they turn 18.
Strike While the Iron Is Hot
This adage remains true even in this situation. While three years is quite some time, it is best to consider bringing the suit immediately after the accident. Here is why:
Easy Recollection
While there are many types of evidence applicable for your claim, witness testimony is no doubt among the strongest. That’s why it’s best to use witness accounts when the events are still fresh in their minds. “It is often the nitty gritty details that make a difference in a personal injury case,” says personal injury attorney Darin Colucci of Colucci Colucci & Marcus, P.C.
A personal injury accident—while it may cause undue stress, anxiety, and pain—is not the end of the road. With a strategic approach, you can recover from your injuries and win compensation for damages.
As any Massachusetts personal injury attorney will tell you, it is important to initiate your claim immediately after the accident. Granted, this may be difficult, given the extent of injury resulting from the incident. That’s why it’s best to enlist the services of an attorney early on, as this gives them enough time to begin working on the claim while you focus on the road to healing.
An attorney will track down witnesses and collect their testimonies. They will also visit the scene of the incident and collect evidence while it is still fresh, increasing the chances of winning the case.
If you’ve been injured in an accident, call a lawyer immediately and furnish them with all details about the incident.
Source: Colucci Colucci & Marcus, Injury Attorneys, Boston MA
