A statute of limitations establishes a maximum period of time after an event in which legal claims based on that event can be brought. While this is a seemingly simple concept, a statute of limitations can be tolled (delayed) by certain conditions and statutes of repose may still establish a maximum period of time regardless of tolling events.
Tolling conditions allow claimants to bring a legal claim despite exceeding a statute of limitations. One tolling condition occurs when the claimant did not discover and could not have reasonably discovered the injury until a point in time later than when the injury was inflicted. Other tolling conditions may include age of minority, mental incapacity, or physical incarceration. Statutes of limitations, tolling conditions, and statutes of repose of differ from state to state. Therefore, a claimant should always contact a lawyer as soon as they become aware of a potential legal claim.
Massachusetts’ Statute Of Limitations For Personal Injury Claims
Additionally, the statute of limitations also depends on the type of claim being asserted. For example the period of time may differ between express contracts, implied contracts, personal injury, and property damage. In Massachusetts, all contract claims must be brought within 6 years. Additionally, all tort claims for personal injury or property damage must be brought within 3 years. Mass. Gen. Laws ch. 260 section 2-2B. http://www.malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260
Why Have A Statute Of Limitations
One reason to impose a statute of limitations is that evidence grows stale over time. Physical evidence may be altered or disappear and memories fade. Therefore, when a personal injury occurs or is discovered the claimant should contact a lawyer immediately. This will give the lawyer access to the best evidence to support your claim. Another reason to impose a statute of limitations is that it creates finality. It is important for all of the parties to transaction to deal with the injuries promptly and not carry the threat of liability indefinitely into the future.
Do You Have An Urgent Personal Injury Claim?
If you or a loved one has suffered a personal injury, the Massachusetts lawyers at d’Oliveira & Associates want you to know that you may be entitled to compensation. Our law firm has offices conveniently located throughout the state in Attleboro, Brockton, Fall River, New Bedford, and Taunton. We have years of experience when it comes to personal injury lawsuits and we work with some of the leading attorneys in Massachusetts. Please contact the law offices of d’Oliveira & Associates at 1-800-992-6867 or fill out a contact form for a free legal consultation.
Paul d’Oliveira
Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.
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