If you are injured as a result of a defect in a way (road or walkway), your personal injury claim may be dismissed if you fail to give proper written notice.
Notice Within Thirty Days
Under Massachusetts law (M.G.L. Chapter 84, Sections 15 and 18), if you are injured by reason of a defect in a way, you may bring a personal injury claim against the city, town, or person obliged by law to repair it. However, you must give proper notice within 30 days of the accident. The notice must contain the name and address of the person injured, and the time, place and cause of the injury.
In addition, to insure that you comply with this notice requirement, you should send the notice by certified and regular mail, make sure you have the correct name of the entity or person and proper address and allow yourself sufficient time to send the notice within 30 days.
Some of the different types of personal injury claims which might involve a defective way and require a 30 day notice are motor vehicle accidents and slip and fall accidents.
Presentment of Claim Within Two Years
When you pursue a claim against a public body such as the Commonwealth, most state agencies and cities and towns, you must present your claim in writing to the executive officer of such public body within two years of the date of the accident (M.G.L. c. 258, s. 4). The written presentment is in addition to any notice required under M.G.L. c. 84, Section 18.
If you fail to send a written presentment to the proper official within two years of the accident, you will be forever barred from receiving compensation for your claim.
For more information about your legal rights and potential recovery, contact Attorney Bob Allison today by calling 978-740-9433 or filling out our online contact form. We offer a free consultation to discuss your case.