Personal Injury Statute of Limitations in Massachusetts
Last verified 2026-07 · Source: Mass. Gen. Laws ch. 260, § 2A ✓ verified · 3 sources
The deadline
3 years
from Date of injury; discovery rule may toll the clock, under Mass. Gen. Laws ch. 260, § 2A.
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Massachusetts law sets a hard deadline of 3 years to file a personal injury lawsuit. The controlling statute is Mass. Gen. Laws ch. 260, § 2A, and the clock generally starts on Date of injury; discovery rule may toll the clock. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Massachusetts Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 3 years | Mass. Gen. Laws ch. 260, § 2A |
| Car Accident | 3 yrs | Mass. Gen. Laws ch. 260, § 2A |
| Credit Card Debt | 6 yrs | Mass. Gen. Laws ch. 260, § 2 |
| Medical Malpractice | 3 yrs | M.G.L. c. 260, § 4 |
| Wrongful Death | 3 yrs | Mass. Gen. Laws ch. 229, §2 |
| Dog Bite | 3 yrs | M.G.L. c. 140, § 155 |
| Slip and Fall | 3 yrs | M.G.L. c. 260, § 2A |
| Defamation | 3 yrs | M.G.L. c. 260, § 4 |
| Breach of Contract | 6 yrs | Mass. Gen. Laws ch. 260, § 2 |
| Medical Debt | 6 yrs | M.G.L. c. 260, § 2 |
When the Clock Starts
In Massachusetts, the limitations period for personal injury lawsuits generally begins on Date of injury; discovery rule may toll the clock. Massachusetts recognizes a discovery rule for this claim type: Massachusetts applies a discovery rule: the 3-year SOL begins when the plaintiff knew or reasonably should have known that they were injured as a result of defendant's conduct
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Presentment to public employer required within 2 years under Mass. Gen. Laws ch. 258, § 4; failure to present timely bars the claim against the government
- Damage caps: No statutory cap on compensatory damages in general personal injury cases; government liability capped at $100,000 per claim under Mass. Gen. Laws ch. 258, § 2
Modified comparative fault (51% bar) under Mass. Gen. Laws ch. 231, § 85. The 3-year SOL covers slip-and-fall, premises liability, dog bite, assault, and general negligence. Separate deadlines apply for medical malpractice and wrongful death.
Source: Mass. Gen. Laws ch. 260, § 2A, official Massachusetts statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Massachusetts government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Massachusetts Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Massachusetts | 3 years | Mass. Gen. Laws ch. 260, § 2A |
| New York | 3 yrs | N.Y. C.P.L.R. § 214(5) |
| Vermont | 3 yrs | 12 V.S.A. § 512(4) |
| New Hampshire | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 |
| Connecticut | 2 yrs | Conn. Gen. Stat. § 52-584 |
| Rhode Island | 3 yrs | R.I. Gen. Laws § 9-1-14(b) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Massachusetts?
You have 3 years from Date of injury; discovery rule may toll the clock, under Mass. Gen. Laws ch. 260, § 2A.
Can I still sue after 3 years in Massachusetts?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Massachusetts?
Yes. Massachusetts applies a discovery rule: the 3-year SOL begins when the plaintiff knew or reasonably should have known that they were injured as a result of defendant's conduct
What if the victim was a minor?
Massachusetts generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Presentment to public employer required within 2 years under Mass. Gen. Laws ch. 258, § 4; failure to present timely bars the claim against the government
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Sources
- Official Mass. Gen. Laws ch. 260, § 2A – Three-year limitation for tort actions (Massachusetts Legislature)
- Corroborating Massachusetts Personal Injury Statute of Limitations – Nolo
- Corroborating Massachusetts Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Massachusetts attorney.