Statute of Limitations for Personal Injury Cases

A statute of limitations is a law that creates a deadline for when a person may bring a legal claim. Rhode Island and Massachusetts both have 3-year statutes of limitations for personal injury cases (except medical malpractice and sexual abuse). The three-year period begins at the time the action “accrues”, usually the day of the injury.

However, there are exceptions to the general 3-year rule. The age, health, or location of the plaintiff at the time the statutory period ends may be justification to extend the deadline. If the injury was concealed or unknown until after the period has run (a situation that is common in medical malpractice cases), there are grounds to extend the period.

In Rhode Island, the statute of limitations to bring a lawsuit for sexual assault of a child is 35 years, longer in some cases.

Even if the personal injury statute of limitations has run on a victim’s claim, there may be other types of legal claims – ones with longer statute of limitations – that might allow the injured person to file suit.

If you have a concern about whether a statute of limitations would prevent you from filing a claim, don’t delay. Contact Daigle Law and we will help you find the answers you need.