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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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    Working with this firm was a great experience, they were very attentive to my case and needs ; the results of my case was better that I expected. Thanks to much to all the lawyers involved Sincerely S. Ponce

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    I loved collaborating with my attorney. From day one it felt like teamwork: us against the world, david vs. goliath. There was an easy rapport, free flow of communication, yet she remained the consummate professional at all times. As a first-time pla...

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    Oyie Ndzie

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    Excellent Firm! I cannot give enough praise to Colleen Santora who handled our case . Responsive, professional a true attorney who cares. The entire firm put it all together however Colleen brought it all to the table . Five stars does not seem to sa...

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    ed thomas

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    Atty Santora & staff were very responsive and handled my personal injury case with concern and professional care. I will recommend this firm for legal services.

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    Regina Benton

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    I had a wonderful experience working with Robert Feinberg and Colleen Santoro. I never once had doubts about how my case would be handled. I knew I was in great hands with both of them. I was always informed and felt confident in their ability to re...

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    Betsy Rose

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