MASSACHUSETTS

Negligence / Personal Injury
3 Years Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues. Mass. Gen. Laws Ann. ch. 260, § 2A
Toxic Tort
3 Years Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues. Mass. Gen. Laws Ann. ch. 260, § 2A

In the context of toxic torts, where the harm may not have been manifested by the onset of disease, notice of harm and cause in many cases may not occur until the plaintiff is so advised by a physician. Donovan v. Philip Morris USA, Inc., 455 Mass. 215, 228, 914 N.E.2d 891, 903 (2009)
Wrongful Death
3 Years An action to recover damages under this section shall be commenced within three years from the date of death, or within three years from the date when the deceased's executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action, or within such time thereafter as is provided by section four, four B, nine or ten of chapter two hundred and sixty. Mass. Gen. Laws Ann. ch. 229, § 2
Medical Malpractice
3 Years Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues. Mass. Gen. Laws Ann. ch. 260, § 2A

A claim of medical malpractice must be filed within three years of the date the cause of action accrues. G.L. c. 260, § 4. A cause of action for medical malpractice accrues when the plaintiff “(1) knew or had sufficient notice that [he] was harmed; and (2) knew or had sufficient notice of the cause of the harm.” Lindsay v. Romano, 427 Mass. 771, 774 (1998), quoting from McGuinness v. Cotter, 412 Mass. 617, 627 (1992).

There is no requirement that a plaintiff have notice that the defendant was actually responsible for the injury, only that he or she have knowledge or sufficient notice that the medical care given by the defendant may have caused the injury. Lindsay v. Romano, 427 Mass. at 774. Under the “discovery rule,” the limitation period starts when “the connection between the defendant's actions and the plaintiff's alleged injury becomes either known or knowable.” Doe v. Creighton, 43
Malpractice (Other Professions)
3 Years for Legal, Accountant, and Dental Malpractice
Products Liability
3 Years

Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues. Mass. Gen. Laws Ann. ch. 260, § 2A

Discovery:

A cause of action ordinarily accrues on the occurrence of some appreciable injury, regardless of whether the full extent to he injury is known at that time. Gore v. Daniel O'Connell's Sons, Inc., 17 Mass. App. Ct. 645, 461 N.E.2d 256 (1984).
However, where the injury is latent or "inherently unknowable" the discovery rule applies and the action does not accrue until plaintiff knows or reasonably should have known that he has been injured. McGuinnes v. Cotter, 412 Mass. 617, 621, 591 N.E.2d 659, 662(1992). This will require a call to local counsel!

Intentional Torts
years for most intentional torts.
Fraud
3 Years Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues. Mass. Gen. Laws Ann. ch. 260, § 2A
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.
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.
Punitive Damages
Allowed in certain circumstances, however, numerous statutory rules apply to punitive damage awards.
No-Fault Insurance
Applies
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 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

MANHATTAN OFFICE

59 Maiden Lane, 6th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

375 Cedar Lane
Teaneck, NJ 07666
Phone: 973.297.1020

FLORIDA OFFICE

3301 Bonita Beach Road
Bonita Springs, Florida 34134
Phone: 239.390.1000