After suffering injuries in a car accident in Boston or the surrounding areas, individuals have three years to file a case in court, according to Massachusetts law. This important law, called the “statute of limitations,” is strictly interpreted by courts, and if a case is not filed within this period of time, the plaintiff may be prevented from bringing it to court. However, it is important to note that this statute of limitations does not affect when an individual may file their insurance claim.
Statutes of limitations are determined by the “window” during which the cause of action accrues. Car accident injuries are held to have accrued as of the date of the injury or the date of the collision. Even victims with strong claims for compensation will be prevented from bringing a case after these three years have passed. For victims pursuing a claim against a government entity, claims must be filed within 30 days of an accident.
Another important legal rule that may affect an individual’s ability to recover damages following a car accident is the doctrine of comparative fault. In terms of liability, the comparative negligence law makes it important for victims not to admit fault when providing the police with statements. This is because comparative negligence can potentially affect the ability of an injured car accident victim to recover damages in a legal claim against another involved party.