You can claim injury up to three years after a car accident in Massachusetts. This timeframe goes into effect when your personal injury claim accrues, and you can file a lawsuit during that 36-month timeframe.
However, this is not always true of every car accident case because certain circumstances can create different deadlines or requirements. To understand how long you have to claim injury after a car accident, contact a car accident lawyer in Boston at Earley Law Group.
Massachusetts Generally Gives You Three Years to Sue
If you are wondering, “How long after a car accident can I claim injury?” it’s important to know that the first deadline to understand is the state’s statute of limitations. Let’s refer to Massachusetts General Laws Chapter 260, Section 2A.
This states that any action involving a personal injury generally must be commenced within three years after the cause of action accrues. That doesn’t necessarily mean you have exactly three years to do the following:
- Contact a lawyer
- Report an injury
- Begin discussing your claim with an insurance company
The deadline concerns filing a lawsuit. There are also situations in which different deadlines or procedures apply. Waiting until the final months or weeks before a deadline can create unnecessary pressure.
At Earley Law Group, our lawyers can review the circumstances of your accident, determine which deadlines apply, and take the legal steps needed to preserve your claim. The three-year period is also not a reason to assume you have plenty of time.
Evidence can become harder to obtain as time passes, witnesses can forget details, and medical records can become more difficult to organize when treatment has occurred over a long period.
Liability Claims Require Proof of Negligence
A claim against another driver generally requires evidence that the driver was negligent and that the negligence caused the injuries and damages being claimed. Here’s what behaviors this could involve:
- Driving while distracted
- Making unsafe lane changes
- Speeding
- Failing to yield
- Following too closely
- Operating a car while impaired
- Engaging in other forms of unsafe conduct
The specific facts determine what evidence is relevant. At Earley Law Group, a lawyer can investigate the collision and build the liability portion of the claim using available records and testimony. The exact evidence will depend on the circumstances of your case.
In general, that often includes the police report, photographs, witness statements, surveillance footage, vehicle damage, medical records, and other documentation. This investigation can become increasingly difficult when significant time has passed.
Surveillance footage can be deleted, witnesses can become difficult to locate, and physical evidence can change. That is one reason contacting a lawyer at Earley Law Group sooner rather than later can be helpful even when the statutory deadline is still far away.
Comparative Negligence Can Reduce Compensation
Massachusetts does not automatically prevent an injured person from recovering compensation simply because someone argues that the injured person also contributed to the accident. An injured person’s damages are reduced in proportion to that person‘s share of negligence.
This is usually true as long as the statutory requirements are met. Recovery is barred when the injured person’s negligence is greater than the combined negligence of the parties against whom recovery is sought.
With this in mind, insurance companies sometimes raise arguments about fault during the negotiation process. However, your Earley Law Group lawyer can challenge unsupported allegations and present evidence concerning what actually happened.
Lawyers Can Help When the Accident Happened Long Ago
Someone who was injured months after an accident, or who has only recently realized that an injury could be connected to a prior collision, should not automatically assume that legal help is unavailable.
The first step is determining which deadlines apply and whether the evidence supports the claim. Here’s what a lawyer at Earley Law Group can review in your case:
- The date and circumstances of the collision
- When symptoms began
- When medical treatment started
- Whether treatment has continued
- Insurance communications and prior settlement offers
- Evidence concerning who caused the accident
- Lost income and other financial losses
- Whether another party could share responsibility
- Whether special notice or filing requirements apply
This kind of review can give an injured person a clearer understanding of where the claim stands. It can also identify problems that need attention before an important deadline passes.
To Understand How Long After a Car Accident You Can Claim Injury, Call Earley Law Group ASAP
After a car accident, people sometimes wait to claim injury or talk to a lawyer because they assume hiring an attorney requires paying a large amount of money upfront. However, many personal injury firms often handle these cases through contingency-fee arrangements.
At Earley Law Group, we work on contingency, meaning our law firm’s fees are tied to the outcome of your case according to the terms of the representation agreement. This structure means you can seek legal representation without worrying about your finances.
During your consultation with us, we can explain how our fee works, what expenses could arise, and how our firm’s agreement applies to your claim in particular. With 25 years of experience recovering millions of dollars, we’re here to help. Call Earley Before It’s Too Late!™
