Massachusetts' Statute of Limitations

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Massachusetts' Statute of Limitations


Wrongful Death
A wrongful death action must be filed within three years of the date of death or within three years of the date the deceased’s executor or administrator knew, or should have known, the factual basis for the cause of action.

Personal Injury Actions
These actions must be brought within three years of the date of the injury.

Medical Malpractice Actions
Actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred or within three years of its discovery. In no event can the statute of limitations be extended more than seven years after the date that the act giving rise to the injury occurred, unless the action is based on a foreign object being left in the body. In that case, the limitations period begins to run when the plaintiff discovered, or should have discovered, the foreign object. Minors under six have until their ninth birthday to file suit, but in no event more than seven years after the date of the act giving rise to the injury occurred. The three year statute of limitations applies to minors six and older.

Motor Vehicle Hit and Run Actions
These cases must be filed within six months after the injured person learns the identity of the negligent driver. In no event can an action be brought after the expiration of three years of the date on which the accident occurred.

Products Liability Actions
Generally, products liability actions must be brought within three years after the plaintiff suffers the injury. Depending on the nature of the claim, however, a different limitations period may apply.

Special Rules for Minors
Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on a person’s 18th birthday.