This is a very common, and very important question that many injury victims ask. As with nearly all things in the law, the answers is, it depends. The length of time you have to bring a claim in Massachusetts depends on the type of claim being brought. I have listed below some common types of personal injury claims, and their respective time limitations in which the claim must be brought. Please note that there are exceptions to the list below, depending on the type of case. Therefore, the examples below are simply used for illustrative purposes.
1) Car accident – three years;
2) Workers compensation claim – four years;
3) Slip and fall/trip and fall – three years;
4) Cases against the MBTA – used to be two years but is now three years (presentment within two years);
5) Medical malpractice cases – three years (depends on time of discovery and whether claimant is a minor);
6) Minors generally have three years, from the time of their 18th birthday, to bring a personal injury claim in Massachusetts;
7) Injuries due to defective products – three years;
8) Dog bites – three years;
9) Bicycle/motorcycle accidents – three years.