Can the statute of limitations be extended?

Approximately, 4 years ago I banged my head on a low ceiling at a residence, and for years I have suffered pain and discomfort in the head, neck and face from the bang. Shortly after the incident, my doctor diagnosed trigeminal neuralgia from the trauma of the bang but she never told me of her diagnosis. I found out only 2 weeks ago because she transferred to another hospital and I picked up my medical records from the old office. When I reviewed the records, I saw her reference to the incident and the diagnoses. Normally the personal injury statute of limitations is 3 years but since I just found out about the diagnosis, can I sue now, 4 years later.

Asked on August 20, 2014 under Personal Injury, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I would absolutely speak with a negligence attorney.  Your state does allow tolls of the statute.  One such exception to the SOL the “discovery rule.” In cases where the injured party is not aware of the cause of his injury, or that he has been injured, the period specified in the statute does not begin to run until the injured party discovers—or should reasonably have discovered—his injury. Good luck.


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