Search Site
Menu

What Considerations Do I Have Before Filing a Lawsuit for a Personal Injury in Massachusetts?

Although there are several considerations that one must consider before hiring an attorney to pursue a personal injury case on his/her behalf, an absolute necessity is to make sure that a lawsuit is brought prior to the expiration of the statute of limitations. This probably does not surprise you as lay people are very familiar with the concept of a statute of limitations. What may surprise would-be clients is that the preparation for a lawsuit may require the expenditure of time and money. Therefore, a consultation significantly before the statute of limitations runs is well-advised. Frankly, it is not enough to understand the conclusive effect that the statute of limitations has. The point to remember is that a phone call to an attorney a few days before the expiration may not be enough to rescue your case.

In Massachusetts, the statute of limitations for filing a basic negligence action is three years, meaning that if a formal complaint is not filed with the court within three years from the time that your accident occurred, your case will be dismissed. However, three years is merely a guideline, as there are often cases involving a municipality, medical malpractice or some other exception to the general time limit, where the statute of limitations for a particular claim (or a “notice” provision) is less than three years. Therefore, contact an attorney as soon as possible to be protected.

Another consideration that may be overlooked by clients is venue, or where a person can bring suit. In Massachusetts state court, the venue is in the county where the accident occurred, where the plaintiff lives or where the defendant lives. A corporation, though not a natural person, has a residence as well. The pros and cons of filing suit in certain counties as opposed to others should be explained to clients.

Finally, because we are talking about accidents and injuries, medical treatment is necessarily involved. Considerations of treatment should be undertaken by the client. The attorney should not direct medical treatment. Doing so could have an adverse effect on the case as the attorney could be portrayed as “choreographing” the medical situation. That may also raise questions of ethics. I advise clients to “let me play with the cards that I am dealt.”

Leave a Reply

Your email address will not be published. Required fields are marked *

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.

Client Reviews
  • google
    5.0/5.0

    Robert Feinberg did a fantastic job handling our case. He is a thoughtful, caring man, cordial and a complete professional. The settlement we received was more than we had ever anticipated, his legal work is beyond reproach. Thank you Robert!!

    Read more

    Robert Bard

  • google
    5.0/5.0

    After my motorcycle accident I contacted Feinberg & Alban. I met with Marsha for a consultation and she was great. Their entire team kept me in the loop for the entire process. Colleen was also a part of my case, she help me with understanding a lot ...

    Read more

    Beantownie 617

  • google
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Mitchell Petitti

  • lawyers
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Client

  • google
    5.0/5.0

    Robert and his team were unbelievably caring and thorough in working on my interests. It was a very serious case. It needed much attention and skill. Robert and his team were always there for me from the time I was in the hospital. They got me an ama...

    Read more

    Jason Lebovitz

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form