If you've been hurt by someone else's careless or intentional behavior, you may want to seek compensation by filing a personal injury lawsuit. In Massachusetts, state law sets a strict deadline requiring an injured person to file any personal injury case within three years of the incident. There are rare exceptions to this deadline, but usually a plaintiff who doesn't file in time will permanently lose their right to a legal remedy. So it's crucial to know how Massachusetts's filing deadlines apply to you, and to make sure you don't wait too long to begin your case.
Like all states, Massachusetts sets strict deadlines for filing lawsuits in civil court. These deadlines, called statutes of limitations, vary depending on the kind of case you want to file. Under Massachusetts law, nearly all injury-related lawsuits must be filed within three years. This three-year deadline applies to:
So, with rare exceptions that we'll discuss below, you must file the complaint in a personal injury lawsuit no later than three years from the date you were hurt.
(Mass. Gen. Laws ch. 260, § 2A (2023).)
If you file your lawsuit after the deadline imposed by the statute of limitations, it will almost certainly be dismissed. Unless you're one of the rare plaintiffs who can argue that they're entitled to additional time, you will have lost your legal right to seek compensation ("damages," in legal terms) from the person who harmed you.
A judge decides whether the statute of limitations has been met without looking at the strength or importance of the plaintiff's underlying case. That means, for example, that you can't argue you deserve more time because you suffered particularly severe financial hardships because of your injuries. You also can't argue that an exception should be made because the defendant is obviously responsible for the accident.
Massachusetts's personal injury statute of limitations is obviously pivotal if you want to take your case to court. But keep in mind that the filing deadline set by this law is also crucial to your position in personal injury settlement negotiations. In general, being prepared to sue gives you leverage in these negotiations. It shows the other side that the alternative to an agreement could be a time-consuming and costly lawsuit. On the other hand, the longer you wait the less likely it is that the other side will take your claim seriously. And, once the filing deadline has passed, the other side will have no legal reason to negotiate with you at all.
Massachusetts has identified a number of scenarios where it would be unfair to hold a plaintiff to the usual three-year filing deadline for filing a personal injury lawsuit. In some cases the statute of limitations "clock" might start to run well after the plaintiff is injured, instead of on the date of the injuries. In other cases the clock might be stopped for a period of time.
Here are some examples of circumstances that are likely to modify the standard three-year deadline:
In general, medical malpractice lawsuits in Massachusetts use the same three-year deadline (and allow many of the same exceptions) as other personal injury cases. But the rules for Massachusetts medical malpractice cases, including how some of the filing deadlines work, are different in crucial ways from the usual rules for personal injury cases. If you think you've been harmed by a doctor or other health care provider, make sure you understand how these rules apply to your situation.
(Khatchatourian v. Encompass Ins. Co. of Massachusetts, 78 Mass. App. Ct. 53, 57 (2010); (Mass. Gen. Laws ch. 260, § 7 (2023); (Mass. Gen. Laws ch. 260, § 9 (2023); (Mass. Gen. Laws ch. 260, § 12 (2023).)
If you're considering a personal injury lawsuit, and have questions about the timing, you can consult a local attorney who handles these kinds of cases. An experienced personal injury lawyer should be able to advise you on whether you're within Massachusetts's standard statute of limitations, or if you have a good argument for why you deserve additional time. Even if the filing deadline isn't a concern for you now, it can be helpful to work with an attorney to decide the best way to move forward. The sooner you know your legal options, the less likely it is that your case will be affected by the statute of limitations.