Massachusetts’ Statute of Limitations for Personal Injury

Massachusetts law has a three-year statute of limitations that applies to most personal injury cases. That means you typically have three years from when the injury occurred to file a lawsuit. If you miss this window, you may lose your right to bring a claim – permanently.

This three-year rule applies to a wide range of personal injury claims, including but not limited to:

• Car, truck, motorcycle and other auto accidents
• Pedestrian and bicycle accidents
• Slip and fall and property owner liability cases
• Dog bites and animal attacks
• Medical malpractice
• Defective product and product liability claims
• Wrongful death lawsuits (from the date of death)

Understanding this timeline is crucial, because filing after it will almost certainly result in dismissal –  leaving you with no legal recourse and no way to recover damages for your medical bills, lost income or pain and suffering.

When Does the Clock Start?

In most cases, the statute of limitations begins on the date of the injury. However, the law recognizes that not all injuries are apparent right away. In some instances, the statute of limitations may begin on the date of discovery – that is the date when you discovered (or reasonably should have discovered) that you were harmed and that someone else may be legally responsible.

This discovery rule often comes into play in medical malpractice cases, where a surgical error or misdiagnosis might not be clear until months or even years after the event occurred. In these situations, the time limit may be extended, but only if you can prove that the delay in discovery was reasonable and not due to a lack of diligence.

Are There Any Exceptions?

There are a few key exceptions to the standard three-year limit that may apply depending on your situation. For example:

• Minors: If the injured person is under 18 years old, the statute of limitations is generally paused – or “tolled” – until they become an adult. That means they typically have until their 21st birthday to file a claim.
• Incapacitation: If the injured party was mentally incapacitated at the time of the injury, the statute of limitations may also be tolled until the individual regains legal competence.
• Out-of-State Defendants: If the party responsible for your injury leaves Massachusetts after the incident and before a lawsuit is filed, the clock may pause during their absence.
• Government Claims: If your injury involves a government entity – like a town, city or state agency – you may have to follow stricter notice requirements than the three-year statute. In many cases, you must notify the agency within two years or even sooner.

Because these exceptions are time sensitive and depend heavily on the facts of your case, it’s important to speak with a qualified personal injury attorney as soon as possible to determine your exact deadline.

Why You Should Act Sooner Rather Than Later

Although three years may seem like a lot of time, delaying your legal action can be costly. Evidence can disappear or become compromised. Witnesses may move, forget important details or become unavailable. Surveillance footage may be erased. Plus, negotiations with insurance companies are often complex and time-consuming.

Starting the process early allows your legal team to thoroughly investigate your claim, gather evidence, preserve key documents and build the best case possible. At Tempus Fugit Law, we use this time to understand your needs, assess liability, calculate damages and pursue the compensation you’re owed through settlement or litigation.

Let Tempus Fugit Law Help You Protect Your Rights

At Tempus Fugit Law, we know that personal injury cases are about more than money – they’re about accountability, healing and protecting your future. Our attorneys provide knowledgeable, compassionate and strategic representation that is personalized to fit your specific situation.

We’ll help you understand the legal timeline that applies to your case, explain your rights and options and take action that protects your interests. Whether you were injured last week or last year, it’s not too late to talk with us – but waiting could put your entire claim at risk.

We’re here to help you move forward with clarity and confidence – before time runs out. Schedule your confidential consultation by calling (617) 752-2371, emailing  team@tflawllc.com or contacting us here on our website.