Massachusetts Statute of Limitations: Filing Deadlines by Case Type

Understanding filing deadlines is essential for anyone involved in a legal dispute in Massachusetts. The statute of limitations sets the maximum amount of time a person has to file a lawsuit or the state has to bring criminal charges. Missing these deadlines almost always means losing the right to pursue a claim or prosecution entirely.

Massachusetts law divides these time limits into two main categories: civil statutes of limitations (for lawsuits between private parties) and criminal statutes of limitations (for prosecution of crimes by the state). Each category has different deadlines depending on the type of case.

This guide breaks down every major filing deadline in Massachusetts, explains important exceptions, and provides the specific statutory references so you can verify each time limit yourself.

Massachusetts Civil Statute of Limitations

Massachusetts civil statutes of limitations are found primarily in Chapter 260 of the Massachusetts General Laws. These deadlines govern how long you have to file a lawsuit in state court. Once the applicable deadline passes, the defendant can file a motion to dismiss, and the court will almost certainly grant it.

The clock typically starts on the date the injury or breach occurred. However, Massachusetts does apply a "discovery rule" in certain situations, meaning the deadline may not begin until the plaintiff discovers or reasonably should have discovered the harm.

Personal Injury Claims

Massachusetts gives injured persons 3 years from the date of injury to file a personal injury lawsuit. This deadline applies broadly to claims involving car accidents, slip-and-fall injuries, assault, and most other negligence-based claims.

The governing statute is Ch. 260 §2A, which states that actions of tort, actions of contract to recover for personal injuries, and actions of replevin shall be commenced within 3 years next after the cause of action accrues.

Medical Malpractice

Medical malpractice claims carry a 3-year statute of limitations under Ch. 260 §4. The clock starts when the injured person discovers or reasonably should have discovered the negligent act that caused the injury.

However, Massachusetts imposes a 7-year statute of repose on medical malpractice claims. This means no lawsuit may be filed more than 7 years after the date the alleged malpractice occurred, regardless of when the patient discovered the harm. The only exception is when a foreign object (such as a surgical instrument or sponge) was left inside the patient's body, in which case the 7-year cap does not apply.

For minors under the age of 6 at the time of the alleged malpractice, the deadline extends until their 9th birthday, subject to the 7-year statute of repose.

Wrongful Death

A wrongful death lawsuit must be filed within 3 years of the date of death under Ch. 229 §2. The action must be brought by the executor or administrator of the deceased person's estate.

If the executor or administrator did not know and could not reasonably have known the factual basis for the claim at the time of death, the 3-year clock begins when they discovered or should have discovered the grounds for the lawsuit.

Property Damage

Claims for injury to personal property must be filed within 3 years under Ch. 260 §2A. This deadline applies to damage to vehicles, personal belongings, and other tangible property, whether the claim arises from a car accident, negligence, or another cause.

Defamation (Libel and Slander)

Defamation claims in Massachusetts, whether for written statements (libel) or spoken statements (slander), must be filed within 3 years under Ch. 260 §4.

Product Liability

Claims for injuries caused by defective products follow the general personal injury deadline of 3 years from the date of injury or discovery under Ch. 260 §2A.

Fraud

Actions based on fraud must be filed within 3 years under Ch. 260 §2A. The discovery rule applies to fraud claims, so the clock may not start until the plaintiff discovers or reasonably should have discovered the fraudulent conduct.

Contract Disputes

Massachusetts has two different deadlines for contract claims, depending on the type of contract.

Written contracts under seal carry a 20-year statute of limitations under Ch. 260 §1. A contract "under seal" is a formal document that includes a seal or recital of sealing.

All other written contracts and oral contracts must be filed within 6 years under Ch. 260 §2. This includes most standard business agreements, promissory notes (other than those signed before a witness, which carry a 20-year deadline), and verbal agreements.

Debt Collection

An action to recover on a debt or account must be filed within 6 years under Ch. 260 §2. This includes credit card debt, medical bills, and other consumer obligations.

After the statute of limitations expires on a debt, creditors and collection agencies lose the legal right to sue for payment. Massachusetts law provides strong consumer protections against attempts to collect time-barred debts.

Trespass

Trespass claims and actions for collection of rents must be filed within 3 years under Ch. 260 §2A.

Construction Defects

Claims arising from defects in the design, planning, construction, or administration of improvements to real property must be filed within 3 years of when the cause of action accrues under Ch. 260 §2B. However, Massachusetts imposes a 6-year statute of repose for these claims, measured from either the date the improvement was opened for use or the date of substantial completion and occupancy by the owner, whichever comes first.

Judgments

An action to enforce a judgment must be brought within 6 years under Ch. 260 §2.

Workers' Compensation

Under Ch. 152 §41, a workers' compensation claim must be filed within 4 years of the date the employee becomes aware of a connection between the injury or illness and their employment. In cases involving a worker's death, the claim must be filed within 4 years of the date of death.

Employment Discrimination

Under Ch. 151B §5, a charge of employment discrimination must be filed with the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the discriminatory act.

Sexual Abuse of Minors (Civil)

Under Ch. 260 §4C, a civil lawsuit for sexual abuse of a minor may be filed within 35 years of the abuse or within 7 years of when the victim knew or should have known the abuse caused emotional or mental harm, whichever provides more time. The clock does not begin running until the victim turns 18.

Complete Civil Statute of Limitations Table

Case Type	Time Limit	Statute
Personal Injury	3 years	Ch. 260 §2A
Medical Malpractice	3 years (7-year repose)	Ch. 260 §4
Wrongful Death	3 years	Ch. 229 §2
Property Damage	3 years	Ch. 260 §2A
Defamation (Libel/Slander)	3 years	Ch. 260 §4
Product Liability	3 years	Ch. 260 §2A
Fraud	3 years	Ch. 260 §2A
Written Contracts Under Seal	20 years	Ch. 260 §1
Written Contracts (Other) / Oral Contracts	6 years	Ch. 260 §2
Debt Collection	6 years	Ch. 260 §2
Trespass	3 years	Ch. 260 §2A
Collection of Rents	3 years	Ch. 260 §2A
Construction Defects	3 years (6-year repose)	Ch. 260 §2B
Judgments	6 years	Ch. 260 §2
Workers' Compensation	4 years	Ch. 152 §41
Employment Discrimination (MCAD)	300 days	Ch. 151B §5
Sexual Abuse of Minor	35 years (from age 18)	Ch. 260 §4C

Massachusetts Criminal Statute of Limitations

Massachusetts criminal statutes of limitations determine how long prosecutors have to file charges after a crime has been committed. These time limits are found in Chapter 277 §63 of the Massachusetts General Laws.

Crimes With No Time Limit

Massachusetts does not impose any filing deadline for the most serious offenses. Prosecutors may bring charges at any time for the following crimes:

• Murder: An indictment for murder may be found at any time after the death of the person alleged to have been murdered.
• Sexual offenses (including rape, assault with intent to rape, and sexual abuse of a child): Charges may be filed at any time, but indictments filed more than 27 years after the offense must be supported by independent evidence that corroborates the victim's allegations.

The inclusion of sexual offenses reflects Massachusetts' strong public policy of protecting victims, who may not come forward until years or even decades after the crime occurred.

Robbery and Armed Assault

Charges for robbery, assault with intent to rob or murder with a dangerous weapon, and related offenses under Ch. 265 §§17-19 and §21 must be filed within 10 years of the date the crime was committed.

Rape and Sexual Assault

While charges for rape and sexual offenses may be brought at any time (no filing deadline), indictments filed more than 27 years after the offense must include independent corroborating evidence beyond the victim's testimony alone. This requirement balances the interests of victims with the due process rights of defendants.

Other Felonies

For all other felonies not listed above, prosecution must begin within 6 years of the date the crime was committed. This 6-year deadline applies to crimes such as:

• Manslaughter
• Arson
• Kidnapping
• Burglary
• Drug offenses
• Theft and larceny

Misdemeanors

All misdemeanor offenses in Massachusetts must also be prosecuted within 6 years of the date the crime was committed.

Special Rules for Crimes Against Minors

If the victim of a crime is under the age of 16 when the offense occurs, the statute of limitations does not begin running until the victim reaches age 16 or the crime is reported to a law enforcement agency, whichever happens first. This tolling provision applies across all criminal offense categories.

Complete Criminal Statute of Limitations Table

Offense Type	Time Limit	Statute
Murder	No limit	Ch. 277 §63
Sexual Offenses (Rape, Child Abuse, etc.)	No limit (27-year corroboration rule)	Ch. 277 §63
Robbery / Armed Assault	10 years	Ch. 277 §63
Other Felonies	6 years	Ch. 277 §63
Misdemeanors	6 years	Ch. 277 §63

Tolling and Exceptions in Massachusetts

Several situations can pause (toll) or extend the statute of limitations in Massachusetts. Understanding these exceptions is important because they can significantly affect filing deadlines.

Discovery Rule

Massachusetts courts apply the "discovery rule" when an injury is not immediately apparent at the time it occurs. Under this doctrine, the statute of limitations does not begin to run until the plaintiff discovers or reasonably should have discovered the harm and its connection to the defendant's conduct.

This rule commonly applies in medical malpractice, fraud, toxic exposure, and latent defect cases where the injury may not become apparent for months or years after the wrongful act.

Tolling for Minors

Under Ch. 260 §7, if a person who has a cause of action is a minor (under 18) at the time the claim accrues, the statute of limitations is tolled until the person reaches age 18. Once the person turns 18, the standard limitation period begins running.

Tolling for Mental Incapacity

Ch. 260 §7 also tolls the statute of limitations for persons who are mentally incapacitated at the time the cause of action accrues. The limitation period does not begin to run until the disability is removed.

Defendant Absence From the State

Under Ch. 260 §9, if a defendant is not a resident of Massachusetts or is absent from the state after a cause of action accrues, the time spent outside the state does not count toward the statute of limitations. The clock pauses while the defendant is absent and resumes when they return.

For criminal cases, Ch. 277 §63 similarly provides that the statute of limitations does not run while the suspect resides outside the Commonwealth.

Fraudulent Concealment

Under Ch. 260 §12, if a defendant actively conceals the existence of a cause of action, the period of concealment is excluded from the statute of limitations calculation. The clock does not start running until the plaintiff discovers or reasonably should have discovered the concealed cause of action.

What Happens If You Miss the Deadline

If you fail to file a civil lawsuit before the statute of limitations expires, the defendant can raise it as an affirmative defense and file a motion to dismiss. Massachusetts courts consistently enforce these deadlines, and a dismissal on statute of limitations grounds is almost always permanent. The claim is lost forever.

For criminal cases, if prosecutors attempt to bring charges after the statute of limitations has expired, the defendant can move to dismiss the indictment or complaint. The court must grant the motion unless the state can prove that a tolling exception applies.

Filing an insurance claim or negotiating with an insurance adjuster does not pause or extend the statute of limitations. The clock continues to run during these activities, so it is important to remain aware of deadlines even while settlement discussions are ongoing.

Practical Tips for Filing in Massachusetts

• Document the date of injury or discovery carefully. The exact start date of the statute of limitations can determine whether your case survives a motion to dismiss.
• Consult a Massachusetts attorney early. An attorney can identify which statute of limitations applies to your specific situation and whether any tolling provisions might extend your deadline.
• Do not rely on settlement negotiations to preserve your rights. The statute of limitations runs during negotiations. If settlement talks stall, you may need to file suit to protect your claim.
• Keep records of all communications. Documentation of when you discovered an injury or defect can be critical if the discovery rule is at issue.
• Understand the difference between statutes of limitations and statutes of repose. A statute of repose sets an absolute deadline from the date of the act (such as 7 years for medical malpractice), regardless of when the injury is discovered. A statute of limitations starts from the date of discovery.