Statutes of Limitations

Negligence / Personal Injury
3 Years with Discovery Rule.
Wrongful Death
3 Years with Discovery Rule.
Medical Malpractice
3 Years with Discovery Rule. Maximum of 7 years after injury, unless foreign object involved and then SOL runs from when object is, or should have been, discovered.
Malpractice (Other Professions)
3 Years for Legal, Accountant, and Dental Malpractice
Products Liability
3 Years with Discovery Rule.
Intentional Torts
years for most intentional torts.
If the person liable fraudulently conceals the cause of action, the period prior to discovery of his cause of action by the plaintiff is excluded.
Municipal Liability/Sovereign Immunity
3 Years years for most municipal acts. Waived, but limited by statute depending on situation. Public departments and agencies, other than certain authorities and other independent agencies. Remedy does not extend to punitive damages or any damages in excess of $100,000 per plaintiff or to prejudgment interest. Small claims against housing authorities must be brought within 3 years.
Discovery Rule
SOL runs from date injury is, or should have been discovered. See specific rule for medical malpractice.
Comparative Negligence
Applies but not if plaintiff’s negligence is greater than 50%. Damages reduced by plaintiff’s percentage of fault.
Charitable Immunity
Waived, but may limit liability in certain situations.
For minor (18th birthday) or persons with mental illness, statute runs from removal of disability. Infants must commence action for medical malpractice within 3 years or before 9th birthday, whichever is later. Maximum limitation is 7 years after injury except for foreign object cases.
Punitive Damages
Allowed in certain circumstances, however, numerous statutory rules apply to punitive damage awards.
No-Fault Insurance
Other Relevant Information
3 years: Hit-and-run accidents. 6 months after plaintiff learns of identity of defendant if written notice given to police and department of motor vehicles within 40 days of accident.
Consumer Fraud Complaint
Massachusetts Office of the Attorney General, Consumer and Antitrust Division

(617) 727-8400 (Consumer Hotline)
Available from 10am to 4pm