What Is the Statute of Limitations for a Personal Injury Claim in Massachusetts?

In Massachusetts, most personal injury claims must be filed in court within three years of the date of injury under M.G.L. c. 260, sec. 2A. If you miss this deadline, the court will almost certainly dismiss your case and you permanently lose the right to recover compensation, no matter how strong your claim is. Call Jim Glaser Law at (617) JIM-WINS immediately if you are approaching the three-year window or are unsure whether your deadline has passed.

What the Massachusetts Statute of Limitations Means for You

The statute of limitations is a strict legal deadline. Once it expires, the defendant can file a motion to dismiss and the court is required to grant it. No amount of medical evidence, witness testimony, or fault on the defendant’s part will save a time-barred claim. This is the single most important date in any personal injury case.

Answer Capsule

Massachusetts gives personal injury victims three years from the date of the injury (or from the date they discovered, or reasonably should have discovered, the injury) to file a lawsuit under M.G.L. c. 260, sec. 2A. Exceptions apply for minors, victims of sexual abuse, wrongful death, claims against government entities, and cases involving medical malpractice. The deadline for wrongful death is three years from the date of death, not the date of injury. Minors generally have until three years after their 18th birthday (age 21) to file. Claims against a Massachusetts government entity require a presentment letter within two years. Do not calculate the deadline yourself; call an attorney as soon as possible after any injury.

The General Rule: Three Years from the Date of Injury

Under M.G.L. c. 260, sec. 2A, any action of tort must be commenced within three years of the date the cause of action accrues. For most accidents (car crashes, slip-and-falls, dog bites, assault), the clock starts running on the day the injury occurs.

Example: If you are rear-ended on the Massachusetts Turnpike on June 19, 2026, your lawsuit must be filed in Massachusetts court on or before June 19, 2029. Filing means the complaint must be received and timestamped by the clerk’s office, not merely mailed.

The Discovery Rule: When the Clock Starts Later

Massachusetts recognizes the “discovery rule” for injuries that are not immediately apparent. Under this doctrine, the three-year clock does not start until the plaintiff knows, or reasonably should have known, of the injury and its likely cause. This most often applies to:

• Toxic exposure and occupational disease cases, where the connection between the exposure and the diagnosis may not be apparent for years
• Medical malpractice involving a foreign object or a concealed condition
• Product liability cases where a defect causes gradual harm

The discovery rule is contested ground. The defendant will argue you should have known sooner; the plaintiff’s attorney argues the opposite. Do not assume the discovery rule extends your deadline without getting a case evaluation first.

Exceptions That Can Shorten or Extend Your Deadline

Minors (Under 18 at the Time of Injury)

Under M.G.L. c. 260, sec. 7, the statute of limitations is tolled (paused) for a person who is a minor at the time of injury. The three-year clock generally does not start until the minor turns 18, giving most injured minors until their 21st birthday to file.

A parent or guardian can file a claim on behalf of a minor before the child turns 18. Doing so is almost always the right move, because key evidence (accident reconstruction, medical records, witness recollection) degrades over time.

Wrongful Death

When a personal injury is fatal, the applicable statute shifts. Under M.G.L. c. 229, sec. 2, a wrongful death action must be filed within three years of the date of death, not the date of the underlying injury. If the victim survived the accident for a period before dying, this distinction matters.

The person who may file is the executor or administrator of the decedent’s estate. If no estate has been opened, one must be established before the suit can proceed.

Medical Malpractice

Medical malpractice claims carry the same three-year limitations period under M.G.L. c. 260, sec. 4. The discovery rule applies and the clock can run from when the patient discovered, or reasonably should have discovered, the malpractice. Massachusetts also has a statute of repose in malpractice: a hard outer limit of seven years from the act of negligence regardless of discovery.

Claims Against Massachusetts Government Entities

If the defendant is the Commonwealth of Massachusetts, a county, a city, or another public entity (including the MBTA), the Massachusetts Tort Claims Act (M.G.L. c. 258) imposes additional procedural requirements. Before filing suit, M.G.L. c. 258, sec. 4 requires that you present a written claim to the executive officer of that public employer within two years after the date the cause of action arose, and it bars any civil action brought more than three years after the cause of action accrued. The MBTA is presented under the same section: M.G.L. c. 258, sec. 1 names its general manager as the executive officer for that purpose. This presentment requirement is separate from and in addition to the three-year filing deadline. Missing the presentment period bars the claim entirely. The full procedure, including who at a city or town may receive the claim and the $100,000 damages cap in M.G.L. c. 258, sec. 2, is set out in can you sue the state or a city in Massachusetts.

This exception is one of the most commonly missed deadlines in Massachusetts personal injury law. If your injury involved a pothole, a defective MBTA vehicle, a public school, or a government employee acting within the scope of employment, raise it with an attorney the same week as your injury.

Sexual Abuse Survivors

Massachusetts has an extended limitations period for civil claims arising from childhood sexual abuse. Under M.G.L. c. 260, sec. 4C, survivors may file within 35 years of their 18th birthday, or within seven years of discovering a psychological injury caused by the abuse, whichever is later.

What “Filing” Means, and Why Mailing Is Not Enough

The statute of limitations is satisfied when the complaint is filed with the court clerk, meaning received and date-stamped. In Massachusetts, the courts no longer accept the “mailbox rule” for limitations purposes in most circumstances. If you mail a complaint on the last day and it arrives one day late, the case is time-barred.

Electronic filing through the Massachusetts Odyssey eFile system timestamps the filing at the moment of submission and is accepted as the filing date.

Why You Should Not Wait Until the Deadline

Three years sounds like a long time. It is not, for three reasons.

Evidence decays. Surveillance footage is overwritten in 30 to 90 days. Skid marks fade. Witnesses move and forget details. Accident reconstruction becomes more expensive and less reliable the longer you wait. Some categories of claim run on a much shorter practical clock than the three-year filing deadline suggests: in a crash with a commercial truck, the engine control module data and the driver’s federally required logs are subject to retention periods measured in months, which is why Massachusetts truck accident claims are treated as an evidence-preservation problem first and a filing-deadline problem second.

The insurance company benefits from delay. Adjusters are trained to slow-walk unrepresented claimants. A recorded statement given years after the accident is easier to attack than one given shortly after it. The insurer’s position strengthens as your evidence weakens.

Pre-suit investigation takes time. Even if your deadline is three years out, a complete demand package, a thorough medical record review, and expert consultation take months. Attorneys who take cases close to the deadline face compressed preparation time and sometimes cannot achieve as strong a result as cases where they had adequate lead time.

Jim Glaser Law handles personal injury cases on a contingency fee, meaning no attorney fee unless there is a recovery; costs and expenses are handled separately and are explained in the fee agreement before anything is signed. The intake line is answered 24 hours a day at (617) JIM-WINS, and the first telephone consultation is free. The time to call is as soon as you know you have a claim.

The Deadline Does Not Pause While You Negotiate With the Insurance Company

One of the most common misconceptions in Massachusetts personal injury law is that ongoing settlement negotiations “toll” (pause) the statute of limitations. They do not. You can be in active settlement talks with an adjuster, receiving regular updates, and the three-year clock is still running. If negotiations break down and your filing deadline has passed, you have no recourse.

File the lawsuit if negotiations are still unresolved as the deadline approaches. Filing does not mean the case goes to trial; the vast majority of personal injury cases settle after suit is filed. Filing preserves your rights; it does not escalate the dispute.

Frequently Asked Questions

Q: What is the statute of limitations for a personal injury claim in Massachusetts?

A: Three years from the date of injury, under M.G.L. c. 260, sec. 2A, for most personal injury claims. Exceptions apply for minors, wrongful death, medical malpractice, government defendants, and survivors of childhood sexual abuse. Do not calculate your own deadline; call Jim Glaser Law at (617) JIM-WINS for a free case evaluation.

Q: Does the deadline change if I was injured by a city or town vehicle?

A: Yes. Claims against Massachusetts government entities, including cities, towns, and the MBTA, require a written presentment under M.G.L. c. 258 within two years of the injury, in addition to the three-year suit deadline. Missing the presentment period bars your claim entirely. Call an attorney the week of the injury if a government vehicle or property was involved.

Q: Can I still sue if I did not know I was injured until months after the accident?

A: Possibly. The Massachusetts discovery rule can delay the start of the limitations period until you knew, or reasonably should have known, of the injury and its cause. The discovery rule is most common in toxic exposure and occupational disease cases and is fact-specific. Call the firm to discuss your situation.

Q: My child was hurt. Does the three-year clock start running now?

A: Generally no. Under M.G.L. c. 260, sec. 7, the limitations period for a minor is typically tolled until the child turns 18, giving most injured children until age 21 to file. However, filing earlier is almost always better for evidence preservation. A parent can file on behalf of a minor immediately after an injury.

Q: Does settling with my own insurance company pause the statute of limitations for a claim against the at-fault driver?

A: No. Settling your uninsured motorist or med-pay claim with your own insurer does not toll the limitations period for a separate third-party claim against the at-fault driver. Both tracks run independently. If you are pursuing both, make sure your attorney is aware of every open claim and every deadline.

Q: If the insurance company keeps asking for more documentation, does that pause my deadline?

A: No. Active negotiations and documentation requests from the insurer do not toll the statute of limitations. If your filing deadline is approaching and the case has not settled, your attorney must file suit to preserve your rights. Filing does not mean the case goes to trial; most personal injury matters settle after suit is filed.

Q: Is Jimmy Knows AI giving me legal advice?

A: No. This article provides general Massachusetts legal information. It is not legal advice for your specific situation. Call Jim Glaser Law at (617) JIM-WINS for advice about your particular case.