Car Accident Claims: The Statute of Limitations and Your Legal Rights

The Law Offices of Morton J. Shuman, P.C. • March 8, 2024

In the aftermath of a car accident, victims often face a whirlwind of emotions, physical pain, and financial uncertainty. Amidst the chaos, understanding your legal rights and the timelines for pursuing a claim is crucial. Mort Shuman, a seasoned personal injury attorney, sheds light on the statute of limitations for car accident claims and how it affects your ability to seek justice and compensation.

Understanding the Statute of Limitations

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. When it comes to car accident claims, this period can vary significantly from state to state.

Why the Statute of Limitations Matters

This legal timeframe is critical because, once it expires, you are generally barred from filing a lawsuit to claim damages for your injuries. Understanding this deadline is essential for protecting your rights and ensuring you can pursue the compensation you deserve.

State-Specific Time Frames

ach state sets its statute of limitations for personal injury claims resulting from car accidents. For example, some states may allow up to four years to file a claim, while others may limit this period to just one year. It’s imperative to consult with a knowledgeable personal injury attorney in your state to understand the specific time frame applicable to your case.

Exceptions to the Rule

While the statute of limitations is strict, certain exceptions may apply, potentially extending the time to file a claim. These exceptions can include:


  • Minor Status: If the car accident victim is a minor, the statute of limitations may not begin until they reach the age of majority.
  • Discovery Rule: In some cases, injuries caused by the accident may not be immediately apparent. The discovery rule can allow the statute of limitations to begin when the victim discovers or reasonably should have discovered the injury.


Understanding whether exceptions apply to your case requires the insight of an experienced personal injury lawyer who can navigate the complexities of the law.

Protecting Your Legal Rights

Knowing your rights and the applicable statute of limitations is only the first step in protecting your interests after a car accident. Here are further actions to consider:


Immediate Steps Post-Accident


  • Seek Medical Attention: Prioritize your health and document your injuries, as medical records will be crucial for your claim.
  • Report the Accident: File a police report and notify your insurance company, but be cautious about providing statements that could be used against you later.


Consulting With an Attorney


A personal injury attorney can offer invaluable guidance, from evaluating your case to ensuring you meet all legal deadlines. An attorney can also:


  • Gather Evidence: Compile documentation, witness statements, and expert testimony to support your claim.
  • Negotiate With Insurance Companies: Handle negotiations to seek a fair settlement that covers your damages.
  • File a Lawsuit if Necessary: If a satisfactory settlement cannot be reached, your attorney can file a lawsuit on your behalf, always keeping the statute of limitations in mind.

Personal Injury Attorney in Framingham, MA

The aftermath of a car accident can be overwhelming, but understanding the statute of limitations and your legal rights is critical for securing the compensation you need to recover. With the guidance of Mort Shuman, a dedicated personal injury attorney, you can confidently navigate the legal process. Remember, time is of the essence. Consulting with an attorney as soon as possible after your accident can help protect your rights and ensure you do not miss the critical window for seeking justice.

Lawyer in suit writing, with scales of justice and gavel on desk.

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