Tim Paoli 
When an injury happens due to someone else’s negligence, it may not be clear what to do first, who to contact, and how much time you have if you want to file a personal injury lawsuit. In Massachusetts, timing is indeed important because deadlines are strict.
In this article, we’ll explain the main deadlines for different cases, including wrongful death, medical malpractice, and personal injury claims against government agencies, as well as deadline exceptions and other nuances that matter in our state.
What Is the Limitations Deadline in a Massachusetts Personal Injury Case?
The starting point for any personal injury case in Massachusetts is the statute of limitations. In everyday terms, it’s the countdown clock on your right to sue.
Under Massachusetts General Laws, Chapter 260, Section 2A, you have three years from the date of your injury to file your case. Under typical conditions, if you miss this deadline, the court will dismiss your personal injury case, no matter how strong it is.
Yet, there are some situations where the law works differently:
- Defendant leaves the state, commits fraud, or is incapacitated.
- Claims against the government.
- Medical malpractice.
Meanwhile, let’s mention the discovery rule, as it’s also necessary to understand when the statute of limitations actually begins to run.
Discovery Rule in Massachusetts: When the Clock Starts for an Injured Party
Not every injury is obvious the moment it happens. And that’s where Massachusetts’ discovery rule applies.
Instead of starting the three-year time limit when the accident occurs, the clock begins when you knew (or should have known) that you were hurt due to someone else’s negligence. The discovery rule helps injured people have a fair chance to bring claims in situations where injuries don’t surface right away.
Tolling & Exceptions: Defendant Leaves the State, Fraud, or Incapacity
Although the statute of limitations is typically three years, Massachusetts law allows the clock to pause in certain cases. This is called ‘tolling.’
For example, if the person who caused your injury leaves the state after the accident, the statute of limitations is tolled during their absence, resuming once they return (Mass. Gen. Laws ch. 260, § 9).
If they’ve hidden what happened through fraud, the law won’t let them benefit from hiding the truth — the clock starts again once the fraud is found (ch. 260, § 12). And if the injured person is a child or unable to make decisions legally, the clock usually doesn’t start until that situation changes (ch. 260, § 7).
Wrongful Death & Catastrophic Injury Lawsuits: Special Filing Rules
Some cases involve serious consequences: wrongful death or an injury that permanently changes how a person lives. Massachusetts law sets the following rules for such cases:
- Wrongful death. Under Mass. Gen. Laws ch. 229, § 2, a lawsuit must be filed within three years after the person’s death, not the accident. If the injured person later dies from accident-related injuries, the three-year period begins on the date of death, and the lawsuit must be filed by the personal representative of the estate.
- Catastrophic injury. Even in cases involving catastrophic injuries — such as paralysis, amputation, or traumatic brain injury — the same three-year statute of limitations applies under Mass. Gen. Laws ch. 260, § 2A.
Injuries Caused by Government Entities: Presentment & Injury Lawsuit Deadlines
If you’re hurt because of a city, town, or state agency in Massachusetts, the process for filing a claim is a bit different. The law, called the Massachusetts Tort Claims Act (Mass. Gen. Laws ch. 258), gives you the right to sue, but only if you follow these two steps:
- First, you need to send a “presentment letter” within two years of the injury to let the government know about your claim.
- After sending the presentment letter, you must still file your personal injury lawsuit within three years of the injury (Mass. Gen. Laws ch. 258). Missing either step bars your claim.
Missing either step could stop your personal injury case from going to court. That’s why it’s important to get legal help early on.
Medical Malpractice & Product Liability: Limitations for Personal Injury Claims
When it comes to general principles, in Massachusetts, both medical malpractice and product liability cases follow a three-year deadline. However, medical malpractice has two layers of deadlines:
- First, you have three years to file after you find out about the medical malpractice or should have found out.
- Second, Massachusetts law also sets a limit of seven years (Mass. Gen. Laws ch. 260, § 4). This means that no medical malpractice action can be filed more than seven years after the alleged malpractice, regardless of when it was discovered, except in cases where a foreign object was left inside the body.
Comparative Fault & Insurance Considerations in a Massachusetts Personal Injury Case
In Massachusetts, you can’t always go straight to court. Because of the no-fault system, you have to meet certain rules before you can sue. Even if you qualify, how much you can recover depends on comparative fault:
- When it comes to car accidents, since Massachusetts is a no-fault state, your own insurance company covers Personal Injury Protection (PIP) benefits for medical bills and lost wages, no matter who caused a motor vehicle accident. You may step outside the no-fault system and sue the at-fault driver only if your reasonable medical expenses exceed $2,000 or you suffer a serious injury.
- Under Mass. Gen. Laws ch. 231, § 85, you can recover damages as long as you are not more than 50% at fault. If you are 51% or more at fault, recovery is barred. The court will reduce your compensation based on how much fault you have.
Evidence & Documentation to File Suit on Time
When you file a personal injury case, you don’t need to submit every piece of evidence at once. Later, during a stage called discovery, both sides share information, like:
- Full medical records and bills
- Witness statements
- Expert opinions or evaluations
- Employment and wage records
Although not strictly required to file a complaint, having basic documents such as a police report and initial medical records helps ensure your lawsuit is properly supported and avoids early challenges. This helps your lawyer draft a solid complaint and file it on time. Waiting too long to gather even these basics can cause you to miss the deadline.
Missed the Deadline? Limited Options and Narrow Exceptions
If you miss the statute of limitations in Massachusetts, your case will almost always be dismissed. Courts enforce these deadlines strictly, and very few exceptions exist. In rare circumstances, such as fraud, legal incapacity, or when the defendant leaves the state, the clock may pause, but these situations are narrowly applied. Missing the deadline typically means losing your right to recover damages, which is why speaking with a personal injury lawyer as early as possible is critical to protect your claim.
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How an Injury Lawyer Protects Your Right to File a Lawsuit
Three years might seem like a long time to take action after an accident. But when you’re busy with doctor visits, bills, and recovery, this extra time can go by fast.
Missing the deadline means losing your legal right to seek compensation. But working with a lawyer ensures this doesn’t happen. Here’s how our car accident lawyers can help you:
Free Consultation with a Massachusetts Personal Injury Lawyer
You don’t have to add “lawyer fees” to your list of worries at the beginning. Most personal injury attorneys, including Michael Kelly Injury Lawyers, offer a free initial consultation and typically work on a contingency fee basis, meaning you pay nothing unless they recover compensation for you.
Contact Us to Review Your Injury Case Before the Limitations Deadline
Our law firm has been fighting to recover damages for personal injury cases across Boston and throughout Massachusetts, and we know how to handle the paperwork, deadlines, and other details.
Michael Kelly Injury Lawyers will make sure your personal injury case is filed on time and done right. Contact us for a free consultation and protect your rights before time runs out!
Next Steps for an Injured Party Considering a Personal Injury Lawsuit
Once you reach out to Michael Kelly Injury Lawyers, we’ll listen to your story, help you understand how the statute of limitations applies to your personal injury case, and explain what options you have. From there, we’ll take on the task of keeping track of deadlines and paperwork so you don’t have to.
