Wood & Gresham, P.C.

Wood & Gresham, P.C.
127 South Street
Wrentham, MA 02093

Phone: 508-384-2008 | Fax: 508-384-3008
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508-384-2008
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How long can you wait to file a personal injury lawsuit?

People in the Norfolk area are injured every day. Some injuries are caused by accidents and other injuries are caused due to negligent or reckless behavior. Sometimes when people are hurt because of someone else’s actions they decide to pursue legal action, including filing a personal injury lawsuit. If you have been hurt in an accident you may have wondered how long you have after the injury occurs to still file a suit.

According to MALegislature.gov, “except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.” In other words, if you were injured and you wait longer than three years to file a personal injury suit your claim will be barred from being heard and you will give up your right to sue.

Meanwhile, according to the American Bar Association, every state has different limits on how long you have to file a personal injury claim. This is known as “statue of limitations.” If you do not file your claim within the statute of limitations then your case will be thrown out. However one factor to keep in mind is what is called the “discovery of harm rule.

This rule means your time limit doesn’t actually start until you are aware that you have suffered some kind of significant harm and how bad that harm actually is. It is important to remember that this is general information and even though it might prove helpful it should not be taken as legal advice.

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