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

MASSACHUSETTS

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

3 years with Discovery Rule. Minimum of $5,000 for willful or grossly negligent conduct resulting in death (liability of employer to employee excluded).

Medical Malpractice

3 years with Discovery Rule.  SOR: 7 years after injury, unless foreign object involved and then SOL runs from when object is, or should have been, discovered.

Caps:
$500,000 limit for non-economic damages, some exceptions released from limitations.

Malpractice (Other Professions)

years

Products Liability

years with Discovery Rule.

Intentional Torts

years for most intentional torts.

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.

Municipal Liability/Sovereign Immunity

3 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

Comparative negligence rule has been adopted. Contributory negligence does not bar recovery if plaintiff's negligence is not greater than total amount of negligence attributable to defendants, but any damages allowed must be diminished in proportion to amount of negligence attributable to injured party.

Charitable Immunity

Waived, but may limit liability in certain situations. If tort is committed in course of any activity carried on to accomplish directly charitable purposes of body liability in any case of action shall not exceed $20,000.

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. SOL does not run during absence or concealment of defendant.

Punitive Damages

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

No-Fault Insurance

Applies

Other Relevant Information

3 years for 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.

Consumer Fraud Complaint

Massachusetts Office of the Attorney General, Consumer and Antitrust Division
http://www.ago.state.ma.us/sp.cfm?pageid=967
(617) 727-8400 (Consumer Hotline)
Available from 10am to 4pm