When someone is injured due to another person's negligence in Massachusetts, timing is everything. One of the first and most important legal hurdles is the statute of limitations—the legal deadline by which a personal injury lawsuit needs to be filed. Missing this window can often mean losing the right to seek compensation altogether, regardless of how valid the case may be.

Below, we break down Massachusetts' statute of limitations for personal injury claims, highlight exceptions, and explain how this law can impact your legal strategy.

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

Massachusetts law gives injured individuals three years from the date of the accident or injury to file a personal injury lawsuit in civil court. This timeframe is outlined in Mass. Gen. Laws ch. 260, § 2A, which applies broadly to tort actions, including:

• Car accidents
• Slip and falls
• Medical malpractice
• Defective product injuries
• Dog bites
• Assault and battery (if seeking civil damages)

If a lawsuit is filed after the three-year mark, the court will almost certainly dismiss the case—regardless of how strong the evidence is.

When Does the Clock Start?

In most cases, the clock begins ticking on the date the injury occurs. For instance, if someone was rear-ended in a car crash on March 1, 2022, they would typically have until March 1, 2025, to file a lawsuit.

However, some exceptions can change the timeline.

Key Exceptions That Can Extend or Delay the Deadline

While three years is the standard, Massachusetts law makes room for a few exceptions that may delay when the statute starts or pause the countdown altogether.

1. Discovery Rule

Some injuries don't show symptoms right away, or their connection to the responsible party isn't immediately clear. In such cases, the "discovery rule" may apply. This allows the statute of limitations to begin when the injury is discovered—or reasonably should have been discovered—rather than when the incident occurred.

Example: A patient suffers complications from a surgical error but doesn't learn about the mistake until a follow-up exam a year later. The three-year clock might begin at the point of discovery, not the surgery date.

2. Injured Party Is a Minor

If the injured person is under 18 at the time of the incident, Massachusetts law allows the statute of limitations to be paused until they reach adulthood. The three-year period then begins on their 18th birthday, which gives them until they turn 21 to file.

3. Defendant Leaves the State

If the at-fault party leaves Massachusetts after the incident and before a claim is filed, the time they are absent does not count toward the three-year limit. This ensures that defendants can't evade legal responsibility by relocating temporarily.

4. Mental Incapacity

If the injured party is mentally incapacitated at the time of the injury, the statute may be paused until they regain the capacity to make legal decisions.

Statute of Limitations for Special Injury Cases in MA

While the three-year rule covers most personal injury cases, certain types of claims fall under special limitations or notice requirements:

Medical Malpractice

• Standard Limit: 3 years from the date of injury or discovery.
• Absolute Cap: No more than 7 years after the act of malpractice, even if discovered later (except in cases involving a foreign object left in the body).

Claims Against Government Entities

If a government agency or employee is involved, the injured party must file a presentment letter within 2 years and bring the lawsuit within 3 years. Missing the presentment deadline—even if the lawsuit is timely—can invalidate the claim.

Wrongful Death

Wrongful death lawsuits must also be filed within 3 years, but the clock starts from the date of death, not necessarily the date of the incident.

Why Timing Matters Beyond Just Filing

Even though the statute of limitations dictates the final deadline, acting early has practical benefits:

• Preserving evidence: Physical evidence can degrade, and witness memories fade over time.
• Building a stronger case: Early legal intervention can help uncover critical documentation, such as surveillance footage or medical records.
• Avoiding insurance tactics: Delays can lead insurers to question the legitimacy of a claim, potentially resulting in lower settlement offers or outright denials.

What Happens If You Miss the Deadline?

If you try to file a lawsuit after the statute of limitations has expired, the defendant can file a motion to dismiss—and courts almost always grant it. That means:

• You lose your right to pursue compensation through the courts
• The insurance company has no incentive to negotiate
• Any strong evidence or compelling case you had becomes legally irrelevant

Even if your injuries are serious, the law does not make exceptions for those who simply didn't know the rules or waited too long without a valid reason.

Tips for Staying Within the Legal Timeframe

To protect your rights and maximize your options:

• Seek legal advice early. A personal injury attorney is going to help you determine the correct timeline and whether any exceptions apply.
• Document everything. Keep a detailed record of the injury, treatment, communications, and any expenses or losses.
• Don't rely solely on insurance. While many personal injury claims are settled outside of court, negotiations can fall apart. Preparing early for potential litigation helps keep pressure on the other side.

Conclusion

Massachusetts' statute of limitations for personal injury claims is firm—and failing to act within the time limit can permanently bar you from seeking compensation. Although most cases must be filed within three years, exceptions do exist for minors, discovery delays, and other unique circumstances. Understanding your deadline and taking proactive steps will make the difference between recovering damages or losing your legal right to pursue them. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.