Legal Question in Personal Injury in Massachusetts
Statute of Limitations against the City?
Last year I was involved in MVA. A stop sign had been removed (TBD by who - either City of Boston or Boston Edison) when replacing pole, and that resulted in the MVA. Pers. Inj. of both parties. (I would have had the sign). I'm still treating - herniated disc, may eventually need surgery. I have a lawyer, who was gung-ho if it was Edison, but doesn't seem to be if it's the city. She said that there may be 30 day statue of limitations to file suit against city, but I've done a ton of research, and can't find anything of the sort. I have over 5k in medical bills so far, and expect more. my ins. co is also doing investigation. does anyone know of a 30 day statute?
3 Answers from Attorneys
Re: Statute of Limitations against the City?
The 30 day staute which I believe you attorney is referring to is the statutory notification provisions for suits against a municipal/ governmental entity. Obviously every time there is a claim against a city suit cannot be started within 30 days. There is plenty of case law relative to municipal liability for the removal of signal lights and traffic signs. While municiple liability is limited by statute, this should not prevent a claim. I would verify that proper notice was given to the City within the applicable 30 day window.
Re: Statute of Limitations against the City?
I believe the law your lawyer refers to is the 30 day notice for roadway defects. There is a 2 year notice for tort claims. Then the question is which applies. There was an appealed Massachusett case a few years ago discussing this topic involving a chain across a path and a motorcyclist.
Even if your claim against the city is good there will be limits. Better to aim for the private defendant.
Hope this sheds some light.
Charles W. Cobb
www.massachusettslawyer.net
Re: Statute of Limitations against the City?
If you have to ask, the statute of limitation is over. Both attorneys are correct in their analysis. The mini limitation is a tough one. Good luck.
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