Massachusetts Statutes of Limitations for Civil Cases

Understanding statutes of limitations is critical for civil litigation in Massachusetts. Missing a deadline can result in permanent loss of your right to sue, regardless of the strength of your underlying claim. Massachusetts General Laws uses a unified civil procedure code and specific statutory provisions that govern when claims must be filed.

Personal Injury

Limitation Period: 3 years

Statute Citation: Mass. Gen. Laws c. 260, § 2A

When the Clock Starts: The statute begins running from the date the injury occurs or when the plaintiff discovers (or reasonably should discover) the injury. For immediate injuries like motor vehicle accidents, the date is straightforward. For latent injuries or those not immediately apparent, Massachusetts applies the discovery rule.

Personal injury claims include negligence, slip-and-fall accidents, motor vehicle accidents, and bodily injury claims. The three-year period is relatively generous compared to some states, but it still moves quickly. An injury on January 15, 2024, must be filed by January 15, 2027.

Breach of Written Contract

Limitation Period: 6 years

Statute Citation: Mass. Gen. Laws c. 260, § 2

When the Clock Starts: The statute runs from the date of breach, not from the date the contract was signed. If a contractor fails to complete work on December 1, 2023, the six-year period runs from that breach date.

Written contracts receive extended protection under Massachusetts law. This includes purchase agreements, employment contracts (except for certain wage disputes), construction contracts, and service agreements. The longer period reflects the law's recognition that written agreements create defined expectations over potentially longer periods.

Breach of Oral Contract

Limitation Period: 6 years

Statute Citation: Mass. Gen. Laws c. 260, § 2

When the Clock Starts: Like written contracts, the clock runs from the date of breach.

Notably, Massachusetts does not impose a shorter statute of limitations for oral contracts compared to written ones—both are treated equally at six years. However, proving an oral contract's existence and terms presents evidentiary challenges that don't apply to written agreements. Courts require clear and convincing evidence of the agreement's essential terms.

Fraud

Limitation Period: 6 years (accrual), but discovery rule applies

Statute Citation: Mass. Gen. Laws c. 260, § 2B

When the Clock Starts: The critical distinction is when the fraud is discovered or should have been discovered. This is a strict application of the discovery rule. If someone defrauds you on January 1, 2023, but you don't discover it until January 1, 2025, the six-year period runs from the discovery date, not the fraud date. This can give you until January 1, 2031, to file suit.

However, there is an absolute outer limit: fraud claims cannot be brought more than 13 years after the date of the fraudulent conduct, regardless of when discovery occurs. This is the statute of repose for fraud.

Property Damage

Limitation Period: 3 years

Statute Citation: Mass. Gen. Laws c. 260, § 2A

When the Clock Starts: The statute begins when the damage occurs or is discovered. For example, if you discover water damage from a neighbor's negligence on April 1, 2024, you have until April 1, 2027, to sue.

Property damage includes damage to real property, personal property, or fixtures. This period is identical to personal injury claims because Massachusetts treats damage claims similarly in its statute.

Medical Malpractice

Limitation Period: 3 years (discovery rule applies)

Statute Citation: Mass. Gen. Laws c. 260, § 2A; Mass. Gen. Laws c. 260, § 4

Statute of Repose: 7 years from the date of the negligent act

When the Clock Starts: Massachusetts employs a discovery rule specifically for medical malpractice. The claim accrues when the plaintiff knew or should have known, in the exercise of reasonable care, of the negligent act and its causal relationship to the injury.

The critical addition is the statute of repose. Even if a patient doesn't discover medical malpractice for years, the claim is absolutely barred if brought more than seven years after the negligent act. This repose period is absolute and has very limited exceptions. For example, if a surgeon left a sponge inside you on January 1, 2020, and you discovered it on December 31, 2026 (nearly seven years later), you could still file. But if you discovered it on January 2, 2027, the claim is barred.

Massachusetts courts have carved out narrow exceptions for cases involving intentional concealment or fraud, but these are rarely successful.

Wrongful Death

Limitation Period: 3 years

Statute Citation: Mass. Gen. Laws c. 260, § 2A

When the Clock Starts: The statute runs from the date of death. This is distinct from underlying personal injury or medical malpractice claims. If someone dies on January 15, 2024, wrongful death beneficiaries have until January 15, 2027, to file suit.

Notably, the wrongful death action is derivative—meaning it exists only if the decedent would have had a viable personal injury claim. The statute of limitations for the underlying cause of action also applies. For medical malpractice wrongful death claims, the seven-year repose period still applies, running from the negligent act.

Defamation (Libel and Slander)

Limitation Period: 1 year

Statute Citation: Mass. Gen. Laws c. 260, § 2C

When the Clock Starts: The statute runs from the date of publication (for libel) or utterance (for slander). This is Massachusetts's shortest statute of limitations for civil claims.

Defamation includes both libel (written or permanent form) and slander (spoken statements). A defamatory statement published on January 15, 2024, must be challenged by suit filed by January 15, 2025. This short period reflects the law's policy that reputational harm demands prompt legal response before it becomes entrenched.

Trespass

Limitation Period: 6 years

Statute Citation: Mass. Gen. Laws c. 260, § 2

When the Clock Starts: The statute runs from the date each act of trespass occurs. This is critical: repeated trespass or continuing trespass may trigger multiple statutes of limitations. If someone trespasses on your property on January 1, 2024, and again on February 1, 2024, you have separate six-year periods for each trespass.

Continuing trespass can extend the period. Courts have held that if a trespass is ongoing or recurring, the statute runs from the date of the most recent trespass.

Debt Collection and Promissory Notes

Limitation Period: 6 years

Statute Citation: Mass. Gen. Laws c. 260, § 2

When the Clock Starts: For contract-based debts, the statute runs from the date of default or breach. For promissory notes, it runs from the date the note was due.

This category includes personal loans, credit card debts, open account debts, and negotiable instruments. A promissory note due January 1, 2024, triggers a six-year period expiring January 1, 2030. However, courts have interpreted this to mean the claim must be filed before the deadline, not merely that a lawsuit can be filed and worked through the system.

The Discovery Rule and Delayed Accrual

General Principle: Massachusetts applies the discovery rule broadly across most civil claims. The statute doesn't start running until the plaintiff knew or reasonably should have known of the injury and its causal connection to the defendant's conduct.

Key Cases: The Massachusetts Supreme Court established in Mullins v. Pine Manor College, 389 Mass. 47 (1983), and further refined in Doe v. Roman Catholic Archbishop, 468 Mass. 188 (2014), that accrual depends on when a plaintiff "knew or should have known" of the injury and its cause. This "knew or should have known" standard is objective, not subjective.

Application: If you suffer a latent disease caused by workplace exposure in 1995 but don't discover the disease until 2020, the statute typically runs from 2020, not 1995. However, courts ask whether a reasonable person, exercising reasonable care, would have discovered the injury earlier.

Tolling Provisions

Massachusetts recognizes several tolling doctrines that pause or extend the statute of limitations:

Minority

Statute Citation: Mass. Gen. Laws c. 260, § 8

Rule: If the plaintiff is a minor (under 18), the statute of limitations is tolled (paused) while the plaintiff is a minor. The period typically does not begin until the plaintiff reaches age 18. However, if the plaintiff's parent or guardian initiates suit during minority, tolling may be eliminated.

Mental Incapacity

Statute Citation: Mass. Gen. Laws c. 260, § 8

Rule: If the plaintiff is mentally incapacitated and unable to manage their affairs, the statute is tolled. This requires clear proof of incapacity, not mere diminished mental capacity.

Absence from Massachusetts

Statute Citation: Mass. Gen. Laws c. 260, § 9

Rule: If the defendant is absent from Massachusetts, the statute of limitations may be tolled during the entire period of absence. This provision is rarely used in modern litigation due to nationwide service of process, but it technically remains law.

Military Service

Federal Law: The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3953, tolls statutes of limitations for individuals on active military duty. Service members receive a one-year extension following discharge.

Court Proceedings

If a defendant is in active litigation in Massachusetts, limitations periods are tolled during that litigation. This prevents defendants from evading claims while engaged in related disputes.

What Happens If You Miss the Deadline

Missing a statute of limitations deadline typically results in permanent dismissal of your claim. The defendant must raise the defense in their answer or as a motion to dismiss—it is not raised sua sponte by courts. However, once raised, the court will enforce it strictly.

Practical Reality: If your claim is time-barred, you have virtually no remedy except in extraordinary circumstances (fraud, minority revocation, or judicial estoppel). Courts have consistently held that statutes of limitations are not mere procedural technicalities—they are substantive bars to relief.

Calculating the Deadline Accurately

Method 1 - Simple Subtraction: Add the years to the triggering date. A three-year claim accruing January 15, 2024, is due January 15, 2027.

Method 2 - Filing Date Requirement: The claim must be filed before midnight on the final day. Many attorneys file at least one week before the deadline to avoid calendar errors or administrative delays.

Method 3 - Toll-Inclusive Calculation: If tolling applies (minority, incapacity), add the tolling period to the statutory period before calculating the deadline.

Common Pitfall - Leap Years: February 29 can affect anniversary dates. A three-year claim from February 28, 2023, is due February 28, 2026, not March 1, 2026.

Electronic Filing: If you file electronically in Massachusetts state or federal court, the filing is considered timely if submitted before the electronic system's submission deadline (typically midnight). However, system failures rarely excuse late filing.

Unique Massachusetts Rules and Exceptions

Fraudulent Concealment

Massachusetts recognizes that fraudulent concealment can extend the discovery rule period. If a defendant actively conceals conduct, the statute may not run until reasonable discovery would have occurred absent concealment.

Relation Back of Amendments

Mass. R. Civ. P. 15(c) permits amendments adding new defendants within the statute of limitations period if they relate back to the original complaint. This is useful in multi-party cases.

Continuing Violation Doctrine

Massachusetts applies a continuing violation doctrine in certain contexts (employment discrimination, repeated trespass, nuisance). Each wrongful act can start a new limitations period.

Key Takeaways