Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

MASSACHUSETTS

Negligence / Personal Injury

3 Years 3 years with Discovery Rule

Products Liability

3 Years 3 years with Discovery Rule

Wrongful Death

3 Years 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.

Intentional Torts

3 Years 3 years

Legal, Accountant, and Dental Malpractice

3 Years 3 years

Other Statutes of Limitations

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 30 days of accident.

Fraud

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.

Discovery Rule

SOL runs from date injury is, or should have been discovered. See specific rule for medical malpractice.

Disabilities

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.

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.

Municipalities

3 Years 3 years for most municipal acts

Sovereign Immunity

Waived, but limited by statute depending on situation.

Punitive Damages

Allowed in certain circumstances, however, numerous statutory rules apply to punitive damage awards.

Consumer Fraud Complaint

Massachusetts Office of the Attorney General, Consumer and Antitrust Division
(617) 727-8400 (Consumer Hotline)