Massachusetts · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Massachusetts?

Massachusetts gives you 3 years from the date of injury to file a personal injury lawsuit under Mass. Gen. Laws ch. 260, § 2A.

Updated 2026-05-22 · See all 50 states

Key facts: Massachusetts

Personal injury deadline
3 years
Mass. Gen. Laws ch. 260, § 2A
Wrongful death deadline
3 years
Mass. Gen. Laws ch. 229, § 2
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Massachusetts follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Massachusetts

Three years for both PI and wrongful death. Wrongful death accrual uses the discovery rule: three years from death or from when the executor knew or should have known of the cause of action. Tort claims against public entities require presentment within two years.

Related: Massachusetts comparative negligence rule

Massachusetts follows a modified 51% bar rule. Modified comparative negligence with a 51% bar; the plaintiff is barred only when fault is "greater than" the combined fault of defendants.

Read the full Massachusetts comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Massachusetts attorney before relying on it.

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Massachusetts Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Massachusetts?

In Massachusetts, the general personal injury statute of limitations is 3 years from the date of injury under Mass. Gen. Laws ch. 260, § 2A. Three years for both PI and wrongful death. Wrongful death accrual uses the discovery rule: three years from death or from when the executor knew or should have known of the cause of action. Tort claims against public entities require presentment within two years.

Does Massachusetts have a separate deadline for wrongful death?

Yes. Massachusetts's wrongful death statute of limitations is 3 years under Mass. Gen. Laws ch. 229, § 2. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Massachusetts personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Massachusetts personal injury attorney before assuming a claim is barred.

What is Massachusetts's comparative negligence rule?

Massachusetts follows a modified 51% bar rule under Mass. Gen. Laws ch. 231, § 85. Modified comparative negligence with a 51% bar; the plaintiff is barred only when fault is "greater than" the combined fault of defendants.

Where can I read the actual statute?

The controlling statute is Mass. Gen. Laws ch. 260, § 2A. The full text is available on the official Massachusetts legislature website at https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2a.

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