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He Who Hesitates

It is generally stated that personal injury cases in Massachusetts, really tort cases, have a three year statute of limitations. The problem is that, as with most generalizations, there are exceptions. In suing a public agency, such as the Massachusetts Bay Transportation Authority (MBTA), the plaintiff must bring the action within two years. In suing a municipality or, as the statute says, a political subdivision thereof, a suit must be brought within three years but an appropriate notice ‘ referred to as ‘presentment’ ‘ must be done within two years. There are numerous twists and turns for minors and for various entities who have made what is termed, ‘improvements to realty.’ The medical malpractice statute and another statute, to which I have just referred, the Statute of Repose, present other traps.

In essence, three years is a good guide. However, it is just that; it is only a guide. The best approach is to bring a potential case to the immediate attention of an attorney. Waiting is fraught with risks and, in a worst case scenario, can preclude your right to recovery. Bear in mind that if the lawyer misses the deadline, you have a cause of action against that lawyer. If instead, you have failed to bring your personal injury case to a lawyer, you will have absolutely no recourse.

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Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

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    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

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    5.0/5.0

    Большое спасибо сотрудникам компании Feinberg & Alban и особенно Marsha Alban за высокий профессионализм и внимательное отношение к клиентам. Благ...

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    5.0/5.0

    It is with pleasure that I highly recommend the law firm of Feinberg and Alban. They accepted my difficult case at the eleventh hour and effected an exceptional outcome. In particular, my attorney, Colleen Santora, helped me through the process with ...

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    5.0/5.0

    (CONTINUED FROM PREVIOUS REVIEW JULY 22, 2018) There is one very important observation I must mention. Although, as their client, I was pleased with their high level of professionalism, I was not expecting to become their friend. Building a relation...

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    5.0/5.0

    Robert was so accommodating to the special circumstances of our case and our family.He came to our home for meetings,for our convenience. He kept us informed and prepared for all stages of the process. He was always reachable and responsive. Robert ...

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