Massachusetts Legal Blog

What Is the Statute of Limitations on Filing a Claim After a Traumatic Brain Injury?

In Massachusetts, the statute of limitations for personal injury claims is firmly established under Massachusetts General Laws Chapter 260, Section 2A. This section sets a standard three-year statute of limitation on filing in most instances of personal injury. What this means is that if you suffer an injury, whether a traumatic brain injury (TBI), slip-and-fall, or any other type of accident, you have three years from the date of the incident to file a claim seeking compensation.

Once this three-year window expires, any attempt to seek compensation for an injury may be warily dismissed by a court due to the expiration of the statute of limitations. That’s not to say, however, that Massachusetts law prohibits the filing of claims after this window closes. There are exceptions to this three-year period, which may extend the deadline you have to file a claim.

Exceptions to the Three-Year Statute of Limitations

Here are a few of the main exceptions to the three-year statute of limitation for personal injury claims in Massachusetts:

  • If the individual responsible for the injuries lives outside of the state after the accident, this period of absence likely will not be considered part of the filing period by the court, meaning the filing period will resume once that person returns to the state.
  • If the person responsible for the injuries “fraudulently conceals” or hides their liability, therefore taking steps to keep the injured person from realizing their ability to file a claim. That time will also likely not be counted.
  • If the person who suffers the injury is a minor (under the age of 18) at the time of the injury or is mentally incapacitated, the three-year statute of limitations will begin either when they turn 18, or when they are deemed mentally fit to file a claim.

Time is of the Essence for Claiming After a TBI

Because of the time-sensitive nature of personal injury claims in Massachusetts, it is essential that you speak with an experienced personal injury attorney right away to ensure you receive the compensation you deserve.

TBIs have long-lasting effects on those who suffer them – as well as their families. The destructive nature of these injuries can leave people struggling to work, pay bills, or live a healthy life. If you suffer a TBI due to negligence, you may be eligible for compensation for your pain and suffering, as well as any medical bills and lost income.

Contact an Experienced Personal Injury Lawyer Today

At Shapiro Law, our knowledgeable team of personal injury attorneys has the know-how and expertise to get you the compensation you deserve for your TBI.  We deal with all of our clients on a personal level, as we know and understand the pain and suffering they are going through. At Shapiro Law you aren’t just another case number – you are our client. Give us a call today at 339-200-9933 for a free, no-obligation consultation.