Statute of Limitations for Personal Injury in Massachusetts

Reviewed by Chris Murphy, Esq., Scalli Murphy Law, P.C. · Updated July 2026

Statute of Limitations for Personal Injury in Massachusetts

Every personal injury claim in Massachusetts has a deadline. Miss it, and your right to compensation disappears permanently, no matter how serious your injuries or how clear the other party’s fault. This deadline is called the statute of limitations, and understanding which one applies to your case is essential.

The general rule is straightforward: you have three years from the date of your injury to file a lawsuit. But several important exceptions can shorten or extend that deadline depending on the type of case, who was injured, and who caused the injury.

The General Rule: Three Years

Under M.G.L. c. 260, Section 2A, the statute of limitations for most personal injury claims in Massachusetts is three years from the date of the injury. This applies to:

The three-year clock starts on the date the injury occurs, which in most accident cases is the date of the collision or incident. If you do not file a lawsuit in court within three years, the defendant will move to dismiss your case, and the court will grant the motion.

It is important to understand that filing a lawsuit means actually filing a complaint in court, not simply notifying the insurance company or beginning negotiations. Many people assume that because they reported the claim to the insurer within the three-year window, they are protected. They are not. Only filing in court stops the clock.

Exceptions That Change the Deadline

Minors (Under 18)

For children injured in accidents, the statute of limitations is tolled (paused) until the child turns 18. The child then has three years from their 18th birthday to file a lawsuit, effectively giving them until age 21.

A parent or legal guardian can file a claim on the child’s behalf at any time before the child turns 18. In practice, it is generally better to pursue the claim sooner rather than waiting, because evidence is fresher and witnesses are easier to locate.

One important exception: medical malpractice claims by minors follow a special rule under M.G.L. c. 231, Section 60D. They must generally be filed within three years, although a child under six has until their ninth birthday, and no claim may be brought more than seven years after the negligent act except in foreign object cases.

Medical Malpractice (Discovery Rule)

Medical malpractice claims follow a modified rule. Under M.G.L. c. 260, Section 4, the three-year clock does not start until the patient knew or reasonably should have known that the injury was caused by medical negligence. This is called the discovery rule.

However, Massachusetts imposes an absolute outer limit: no medical malpractice claim can be filed more than seven years after the date of the act or omission that caused the injury, regardless of when it was discovered. The only exception to this seven-year cap is cases involving foreign objects left inside the body.

Medical malpractice cases also require a tribunal screening before proceeding. The plaintiff must present the case to a panel consisting of a judge, a physician, and an attorney. If the tribunal finds insufficient evidence of malpractice, the plaintiff must post a bond to continue the case.

Wrongful Death

The statute of limitations for a wrongful death claim is three years from the date of death under M.G.L. c. 229, Section 2. This is distinct from the date of the accident that caused the death. If a person is injured in a collision and dies from those injuries two years later, the wrongful death statute runs from the date of death, not the date of the collision.

Only the personal representative of the estate can file a wrongful death claim. If no estate has been opened, a family member must petition the probate court for appointment before the claim can be filed. This appointment process takes time, which is why families should consult an attorney promptly after a wrongful death.

Claims Against the Government (Shortened Deadline)

If your injury was caused by a government employee or entity, such as a city, town, or the MBTA, the rules are dramatically different. Under the Massachusetts Tort Claims Act (M.G.L. c. 258), you must:

Send a written presentment letter to the executive officer of the government entity within two years of the injury
Wait for the entity to respond (they have six months to act on the claim)
File a lawsuit within three years of the injury if the claim is denied or ignored

The presentment letter is a mandatory prerequisite. If you fail to send it within two years, your claim is permanently barred regardless of the three-year lawsuit deadline. This requirement catches many people off guard, particularly in MBTA accident cases.

Government tort claims are also subject to a $100,000 damages cap. One exception: claims for serious bodily injury against the MBTA are not subject to the cap (M.G.L. c. 258, Section 2).

Workers’ Compensation (Different System)

Workers’ compensation claims follow a separate system with their own deadlines. You must report a workplace injury to your employer as soon as possible, and you have four years from the date of injury (or from when you became aware the injury was work-related) to file a claim with the Department of Industrial Accidents.

If a third party (not your employer) caused your workplace injury, such as a general contractor or equipment manufacturer, you may also have a personal injury claim against that third party. That claim follows the standard three-year statute of limitations.

Product Liability

Claims involving defective products follow the standard three-year statute of limitations from the date of injury. The discovery rule may apply if the defect was not immediately apparent. Separately, Massachusetts has a six-year statute of repose for claims arising out of improvements to real property (M.G.L. c. 260, Section 2B), which can affect cases involving building components and fixtures.

The Discovery Rule

In some cases, the statute of limitations does not begin to run until you discover, or reasonably should have discovered, that you were injured and that someone else’s conduct caused the injury. This is most commonly applied in:

Medical malpractice cases (misdiagnosis, surgical errors not immediately apparent)
Toxic exposure and asbestos cases (symptoms may not appear for years or decades)
Cases where the injury develops gradually

The discovery rule is an exception, not the default. In most accident cases, you know you were injured on the day of the accident, and the three-year clock starts immediately.

Statute of Limitations by Case Type

Case Type	Deadline	Statute
Car / motorcycle / truck accident	3 years from injury	M.G.L. c. 260, § 2A
Slip and fall / premises liability	3 years from injury	M.G.L. c. 260, § 2A
Dog bite	3 years from injury	M.G.L. c. 260, § 2A
Medical malpractice	3 years from discovery (7-year max)	M.G.L. c. 260, § 4
Wrongful death	3 years from date of death	M.G.L. c. 229, § 2
Government entity (MBTA, city, town)	2-year presentment + 3-year lawsuit	M.G.L. c. 258
Workers’ compensation	4 years from injury	M.G.L. c. 152, § 41
Property damage	3 years from damage	M.G.L. c. 260, § 2A
Minor (under 18)	3 years from 18th birthday (age 21)	M.G.L. c. 260, § 7

Why You Should Not Wait

While three years may seem like ample time, waiting creates real problems:

Evidence disappears. Surveillance camera footage is typically overwritten within 30-90 days. Physical evidence at the accident scene changes. Vehicles are repaired or scrapped.
Witnesses forget. Memories fade quickly. A witness who could clearly describe the accident a month later may have only vague recollections two years later.
Medical records become less persuasive. The longer the gap between the accident and your treatment, the easier it is for the insurance company to argue your injuries were caused by something else.
Insurance companies exploit delay. Adjusters know that delay works in their favor. The longer you wait, the more financial pressure builds, and the more leverage the insurer has to offer a lowball settlement.

In my experience, the strongest cases are those where the client contacted an attorney within the first few weeks after the injury. Early action gives us time to preserve evidence, document injuries, and build the strongest possible case.

Frequently Asked Questions

What is the statute of limitations for a car accident in Massachusetts?

The statute of limitations for a car accident personal injury claim in Massachusetts is three years from the date of the accident under M.G.L. c. 260, Section 2A. If you do not file a lawsuit within three years, you permanently lose the right to pursue compensation. For property damage claims, the deadline is also three years.

What is the statute of limitations for medical malpractice in Massachusetts?

Medical malpractice claims in Massachusetts must be filed within three years of the date the patient knew or should have known about the injury; this three-year trigger is known as the discovery rule. There is also an absolute outer limit, a statute of repose, of seven years from the date of the act or omission, regardless of when the injury was discovered, except in cases involving a foreign object left in the body.

What is the deadline for filing a wrongful death claim in Massachusetts?

The statute of limitations for a wrongful death claim in Massachusetts is three years from the date of death under M.G.L. c. 229, Section 2. The claim must be filed by the personal representative (executor or administrator) of the deceased person’s estate.

Does the statute of limitations apply differently to minors in Massachusetts?

Yes. For minors (persons under 18), the statute of limitations is tolled, meaning it does not begin to run until the minor turns 18. The minor then has three years from their 18th birthday to file a personal injury lawsuit, effectively until age 21. A parent or guardian can also file on the minor’s behalf before they turn 18. Medical malpractice claims by minors follow a different, shorter rule under M.G.L. c. 231, Section 60D.

What happens if I miss the statute of limitations in Massachusetts?

If you miss the statute of limitations, your case will almost certainly be dismissed. The court will not allow you to proceed regardless of how strong your claim is or how serious your injuries were. There are very limited exceptions, but in nearly all cases, missing the deadline permanently bars your right to recover compensation.

About the Author

Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car accidents, premises liability incidents, wrongful death cases, and other personal injury claims.

Contact Scalli Murphy Law

If you are unsure whether you still have time to file a personal injury claim, contact us immediately. The closer you are to the deadline, the more important it is to act quickly. Scalli Murphy Law has over 30 years of experience representing injury victims throughout Massachusetts.

Call 617-387-7000 or 1-833-933-HURT for a free consultation. There is no fee unless we recover for you.

Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923

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This article provides general information about Massachusetts law and is not legal advice. Every case is different. For advice about your specific situation, contact Scalli Murphy Law, P.C. at 617-387-7000 for a free consultation.

Statute of Limitations for Personal Injury in Massachusetts