How long do you have to file?

This tool provides general information about Massachusetts statutes of limitations. It is not legal advice. Special rules (discovery rule, tolling for minors, presentment requirements against government entities, continuous-treatment doctrine, repose periods) can shift the deadline forward or backward in any individual case. Date calculations exclude the day of injury per Massachusetts pleading convention. The only way to know the deadline for your specific matter is by telephone with a Massachusetts attorney.

The Massachusetts limitations periods in detail

Massachusetts sets limitations periods by statute, primarily in M.G.L. c. 260 (Limitation of Actions) with practice-specific carve-outs scattered through other chapters. Tort claims (auto accidents, premises liability, personal injury, motorcycle and bicycle accidents, products liability, defamation) generally carry a three-year clock under c. 260 sec. 2A from the date the cause of action accrues. Most contract claims carry a six-year clock under c. 260 sec. 2. Wage-and-hour claims under c. 149 sec. 150 carry a three-year clock. Consumer-protection claims under c. 93A carry a four-year clock. Wrongful death claims carry a three-year clock from the date of death under c. 229 sec. 2. Claims against the Commonwealth or municipal entities under the Tort Claims Act, c. 258, carry a two-year written presentment requirement plus a three-year suit-filing window.

Medical malpractice operates under a slightly different framework. The basic period is three years from injury or from when the injury was reasonably knowable, but Massachusetts also imposes a seven-year statute of repose under M.G.L. c. 231 sec. 60D. The repose period is a hard ceiling: no medical malpractice claim can be filed more than seven years after the alleged negligent act, regardless of when the injury was discovered. One narrow exception applies to claims involving a foreign object left in the body, where repose does not apply. The tribunal-screening requirement of c. 231 sec. 60B applies to every medical malpractice claim before merits can proceed.

The discovery rule

Massachusetts applies the discovery rule to most tort claims where the harm could not reasonably have been discovered at the time of the wrongful act. The classic application is in latent-injury cases like asbestos exposure, where decades may pass between exposure and diagnosis of mesothelioma. Under the discovery rule, the limitations clock starts running when the plaintiff knew or, in the exercise of reasonable diligence, should have known both that they were injured and that the injury was caused by the defendant's conduct. The rule is fact-specific, and courts have split on close cases. The safest path is prompt counsel evaluation once injury is suspected, regardless of how long it has been since the original exposure or event.

Tolling

Massachusetts statutes of limitations are tolled (paused) in several specific circumstances. For minors, the clock generally does not run until the minor turns 18 (with one exception for medical malpractice claims by minors under M.G.L. c. 231 sec. 60D, where a special rule applies). For plaintiffs under a legal disability (mental incapacity, for example), the clock is tolled during the period of disability. For defendants who have been absent from Massachusetts, the clock is tolled during the period of absence under c. 260 sec. 9. None of these tolling rules should be relied on without specific counsel evaluation; the safest practice is to file or evaluate the matter before relying on a tolling argument that the court may or may not accept.

What the calculator does and does not do

The calculator displays the standard Massachusetts deadline for the case type and date the reader enters. It does not apply the discovery rule, the tolling rules for minors or legal disability, the seven-year statute of repose for medical malpractice, the 30-day municipal notice requirement under c. 84 sec. 15 for sidewalk falls, or the special procedural requirements of the Tort Claims Act. Each of these can shift the practical deadline meaningfully and each requires attorney evaluation. Use the calculator to identify the general window; telephone the firm to confirm the specific deadline that applies to your facts. The first telephone consultation is offered without charge and an attorney can confirm or correct the calculator's result within minutes.

When the deadline is approaching

If the calculator shows fewer than 90 days remaining, telephone the firm immediately. Less than 30 days is functionally an emergency: the time required to investigate facts, identify counterparties, send pre-suit demand letters, and prepare a complaint for filing is typically measured in weeks, not days. Less than 7 days is the kind of timeline where counsel may need to file a placeholder complaint to preserve the claim while investigation continues. The firm has filed Massachusetts complaints inside 48 hours of the call where the facts and the deadline required it; do not assume that a short window means the matter cannot be pursued.

What happens if the deadline has already passed

A claim filed after the limitations period has expired is generally barred under Massachusetts law. The court will typically dismiss the case on a motion to dismiss filed by the defendant, regardless of how strong the underlying facts would have been. There are a few exceptions worth knowing about. If the discovery rule applies (the injury or its cause was not reasonably knowable at the time of the wrongful act), the clock may not have started when you thought it did, and a claim that appears to be time-barred may not actually be. Tolling rules can extend the deadline for minors, for plaintiffs under legal disability, and for defendants absent from Massachusetts. Equitable estoppel can apply in narrow circumstances where the defendant's own conduct caused the plaintiff to delay filing. None of these arguments are easy to win, but they exist. Telephone the firm even if the calculator shows your deadline has passed; an attorney can evaluate whether any of these arguments applies to your facts.

How Massachusetts courts apply the limitations rules

The limitations defense is typically raised as an affirmative defense in the defendant's answer to the complaint. The defendant has the burden of pleading the defense; the plaintiff has the burden of showing the claim is timely. On a motion to dismiss based on the limitations defense, Massachusetts courts look at the complaint's allegations and, where the discovery rule is in play, the documented reasonably-knowable date for the injury. Courts are reluctant to dismiss on limitations grounds at the pleading stage when the discovery rule is fairly raised; they typically wait for discovery to develop the factual record before ruling on the motion. This procedural posture matters because a claim that looks barred on the face of the complaint may survive dismissal if the plaintiff alleges discovery-rule facts.

Once discovery proceeds, the limitations defense is typically resolved on summary judgment after the relevant fact discovery on when the injury was reasonably knowable. The plaintiff presents evidence (medical records, expert testimony on when the connection between exposure and injury became apparent in the medical literature, the plaintiff's own treatment timeline) and the defendant presents counter-evidence. If material factual disputes remain, the issue goes to the jury. If not, summary judgment for the prevailing party closes the question. The Massachusetts attorney builds the discovery-rule record from intake forward when the case warrants it.

How the firm handles a near-deadline matter

When a Massachusetts matter comes to the firm with limited time remaining on the limitations clock, the intake call escalates immediately. The firm prioritizes the matter, gets an engagement letter signed electronically the same day where possible, and begins emergency investigation in parallel with drafting the complaint. The investigation focuses on identifying counterparties and available insurance, preserving any time-sensitive evidence, and sending any pre-suit notices (Chapter 93A demand letters, Tort Claims Act presentments, municipal sidewalk notices) that the matter requires. The complaint is filed before the limitations date even if the investigation is incomplete; the case is amended later as discovery develops the full picture. This posture preserves the claim. It is meaningfully more expensive in the short term than a matter brought to counsel with adequate time, but the alternative is a claim that is barred by statute.

Massachusetts statute-of-limitations questions readers ask most

A handful of Massachusetts statute-of-limitations questions recur often enough to deserve direct answers here. First, does the three-year window under M.G.L. c. 260 sec. 2A run from the date of the accident or the date of injury? Generally it runs from the date the injury occurred, but the Massachusetts discovery rule extends the start date in cases where the injury was not reasonably knowable at the time; latent-injury matters (toxic exposure, surgical foreign bodies, asbestos disease) routinely qualify. Second, does the limitations period stop running while settlement negotiations are ongoing? No. The clock continues to run regardless of negotiations, settlement offers, or carrier assurances. The only safe path when the deadline approaches is to file the complaint before the limitations date and pursue settlement in parallel. Third, what happens if the defendant is a public entity? The Massachusetts Tort Claims Act under M.G.L. c. 258 requires written presentment within two years before any tort suit against a state or municipal entity; missing presentment forfeits the right to sue. Fourth, does my workers compensation claim affect my time to sue a third party? No. The third-party tort claim is independent of the workers compensation claim and is governed by its own limitations period (three years from injury under c. 260 sec. 2A in most product or equipment cases). Fifth, can a minor who was injured wait until age 18 to file? Yes, in most tort cases the limitations clock is tolled during minority and does not start running until the minor's 18th birthday, but the minor's parents may have parallel claims (medical expenses, loss of consortium) with their own limitations periods that do not enjoy the same tolling.

Massachusetts residents who are unsure which deadline applies to their matter should telephone Jim Glaser Law at (617) JIM-WINS. The intake line is answered 24 hours a day, and the first telephone consultation with the firm is offered without charge. Walking through the specific facts with a Massachusetts attorney is the only reliable way to confirm the deadline and the strategic posture for the matter.