Pursuing a car accident case in Boston can often be more complex than it first appears. The plaintiff must demonstrate that another driver was directly responsible for the accident in order to hold them liable to pay damages for it. This applies whether the plaintiff suffered their injury as a driver, a passenger, or even a rider in the at-fault driver’s car.
Another major hurdle to a car accident case in Boston is the statute of limitations applicable to Massachusetts. This rule controls when a court will hear a case concerning a car accident. If you wait too long to file their case in court, the defendant can ask the court to reject the case and you would likely be unable to collect compensation for their losses.
Following the car accident statute of limitations in Boston is key to the success of any case. A reputable attorney could help you better understand the statute of limitations and help you understand the requirements under Massachusetts law.
Most states and courts have their own rules concerning which cases they may hear and when. Massachusetts state law establishes that any district or superior court has the jurisdiction to hear a civil case alleging personal injury in a car accident.
Massachusetts Civil Procedure Rule 3 specifically states a plaintiff can start a case by filing a complaint with the court that can decide on the case. However, it does not state when a plaintiff can file these cases. Instead, the car accident statute of limitations in Boston controls the timing of a lawsuit and applies to every case heard by the Massachusetts courts.
In addition to car accidents, statutes of limitations establish time limits for disputes over wills, breach of contract cases, and even criminal charges. Under these statutes, a plaintiff cannot accuse a potentially at-fault party of wrongdoing after a certain period of time.
The Massachusetts legislature has passed laws establishing the statutes of limitations for all kinds of court cases. According to Massachusetts General Laws Chapter 260 §2A, victims of personal injury claims—a category that includes car accidents—have three years from the date of injury to file a complaint.
If a plaintiff fails to meet this deadline, the court would still accept their case, but the defendant could ask the court to dismiss the complaint by filing a motion. Unless the plaintiff introduces extraordinary evidence explaining their reason for failing to meet the statute of limitations, the court would almost certainly dismiss the claim as per the defendant’s motion.
It is vital all potential plaintiffs file a complaint for damages following a car accident within three years of the date of loss. If they fail to do so, even assistance from a qualified car accident attorney may not be enough to allow them to recover damages.
A skilled lawyer could explain the rules regarding the car accident statute of limitations in Boston and how they could potentially affect your case in greater detail through a private consultation. Call today to schedule a meeting with a seasoned attorney and learn more about car accident statutes of limitations in Boston.