What is the personal injury statute of limitations in Massachusetts?

1. General Personal Injury

G.L. c. 260, § 2A imposes a 3-year SOL for personal injury and tort claims, running from when the cause of action accrues.

2. Wrongful Death

G.L. c. 229, § 2 governs wrongful death actions with a 3-year SOL from the date of death (or discovery of the cause).

3. Medical Malpractice

G.L. c. 260, § 4 imposes a 3-year SOL with a 7-year statute of repose, except in foreign-object cases. Minors under 6 must sue by their 9th birthday.

4. Discovery Rule

Massachusetts applies the discovery rule liberally (Bowen v. Eli Lilly) when the plaintiff did not know or have reason to know of the harm and its cause.

5. Minor / Disability Tolling

G.L. c. 260, § 7 tolls SOL during minority and mental incapacity; minors have 3 years from their 18th birthday subject to medical malpractice limits.

6. Government Defendant

The Massachusetts Tort Claims Act (G.L. c. 258, § 4) requires presentment of the claim in writing to the executive officer of the public employer within 2 years of accrual, and suit must be filed within 3 years. Damages capped at $100,000.

7. Product Liability

G.L. c. 260, § 2A applies the 3-year SOL. Massachusetts has no general products statute of repose, although construction improvements have a 6-year repose under § 2B.

8. Equitable Tolling / Fraudulent Concealment

G.L. c. 260, § 12 tolls SOL during fraudulent concealment; equitable tolling is narrow.

9. Borrowing Statute

G.L. c. 260, § 9 borrows the shorter SOL of the state where the cause of action arose when the defendant was not a Massachusetts resident.

This is legal information, not legal advice.