Massachusetts Statute of Limitations for Personal Injury Cases

Massachusetts sets strict time limits on personal injury lawsuits. Missing a deadline permanently bars your claim. Attorney Jeffrey C. Lavey explains the time limits that apply to your situation. Free consultation.

How Long Do You Have to File a Claim in Massachusetts?

In Massachusetts, personal injury claims must be filed within specific time limits established by law, called statutes of limitations. Missing these deadlines permanently eliminates your right to compensation, regardless of how strong your case is. Attorney Jeffrey C. Lavey advises clients on the deadlines that apply to their specific situation and ensures those deadlines are never missed.

All consultations are free. You pay nothing unless Attorney Lavey wins your case.

Why You Should Not Wait to Speak With an Attorney

Even though you may technically have years to file, waiting is a mistake. Evidence disappears, witnesses' memories fade, and insurance companies use delay to their advantage. The sooner Attorney Jeffrey C. Lavey is involved, the stronger your case will be.

What Are the Common Massachusetts Statutes of Limitations?

Personal injury (car accidents, slip and fall, etc.): A fixed period from the date of injury under Massachusetts law. Contact Attorney Lavey immediately to confirm the current deadline for your specific claim.
Medical malpractice: A fixed period from the date the injury was discovered or reasonably should have been discovered, with an outer limit in most cases. Attorney Lavey evaluates the applicable deadline at the outset of every case.
Wrongful death: A fixed period from the date of death. Attorney Lavey evaluates the deadline at the first consultation.
Claims against a government entity (e.g., the MBTA or a municipality): Written presentment is required within a much shorter window than for private parties. If your injury involved a government vehicle or property, call Attorney Lavey immediately.
Property damage: A fixed period from the date of the damage under Massachusetts law.
Workers’ compensation claims: Specific notice and filing deadlines apply, generally requiring prompt reporting to your employer.

Exceptions That Can Change Your Deadline

Certain circumstances can pause ("toll") or shorten the standard statute of limitations, including the age of the injured person (minors), the discovery of an injury after the fact, and claims involving a government defendant. These exceptions are highly fact-specific, which is why a consultation with an experienced attorney is so important.

Do not Risk Losing Your Right to Compensation?

If you have been injured or lost a loved one due to someone else’s negligence, do not wait to find out which deadline applies to you. Call Attorney Jeffrey C. Lavey at (781) 938-1400 for a free consultation.

Frequently Asked Questions

What is the general statute of limitations for personal injury in Massachusetts?

Personal injury claims in Massachusetts are subject to strict filing deadlines under current state law. This applies to car accidents, slip and falls, dog bites, and most other negligence-based claims. However, there are important exceptions and variations based on who the defendant is and the nature of the injury.

Are there shorter deadlines for claims against government entities in Massachusetts?

Yes. Claims against cities, towns, and state agencies under the Massachusetts Tort Claims Act involve different procedural requirements and shorter timelines than claims against private parties. If your injury occurred on government property, involved a government vehicle, or was caused by a government employee, Contact Attorney Lavey immediately. Waiting can permanently bar your claim.

What is the discovery rule and how does it affect the statute of limitations?

The discovery rule allows the limitations period to begin running from when you discovered, or reasonably should have discovered, that you were injured and that another party's negligence caused the injury, rather than from the date of the negligent act itself. This rule is most important in medical malpractice cases where the harm may not be immediately apparent.

What happens if the statute of limitations has already expired?

Filing after the statute of limitations has expired will result in your case being dismissed. Courts strictly enforce these deadlines. However, exceptions do exist in some circumstances, including cases involving minors and certain discovery rule situations. Contact Attorney Lavey immediately if you are concerned about timing in your case.

Attorney Jeffrey C. Lavey — Massachusetts Personal Injury Attorney

Attorney Jeffrey C. Lavey has practiced personal injury law in Massachusetts for over 37 years. He is licensed to practice law in Massachusetts and handles every client’s case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.

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