Massachusetts Civil Statute of Limitations Laws

After experiencing an accident, damage, or harm, it is crucial to understand your legal rights and the limitation period for filing a claim. Massachusetts statutes of limitations play a vital role in the legal system. They balance the plaintiff's rights in seeking justice while protecting defendants from indefinite legal uncertainty.

Whether you are dealing with property damage, personal injury, or other civil matters, learning about these limitation periods is important. It can be the difference between having a day in court and losing your right to seek justice.

This article offers a comprehensive overview of the Massachusetts civil statute of limitations.

What Is a Statute of Limitations?

The statute of limitation is the time limit set under the law for initiating a legal proceeding. Once this limitation period passes, the party can no longer file the civil case.

The statute of limitations serves various purposes in civil cases. For instance, it preserves the integrity of the evidence presented, protects the reliability of witnesses, and gives defendants a sense of finality by preventing indefinite legal uncertainty.

Massachusetts Civil Statute of Limitations

Like other states, Massachusetts established a limitation period for plaintiffs to file a civil action. This period often varies depending on the type of claim.

In general, there is a three-year time limit for most civil cases. Some of these cases with a one-year statute of limitation include the following:

• Personal injury
• Libel or slander
• Fraud
• Damage to personal property
• Trespass
• Collection of rent
• Actions of tort
• Personal injury cases
• Unlawful detention
• False imprisonment
• Medical malpractice case
• Legal malpractice
• Product liability
• Wrongful death

Tolling of the Statute of Limitations

Certain circumstances could "toll" or suspend the running of the limitation period. Some of the reasons for tolling of the statute of limitation are:

• The defendant is absent from the state's jurisdiction
• The plaintiff is mentally incapacitated or a minor

In these cases, the court suspends the time limit to give the plaintiff a fair chance to bring legal action.

Here's an example of how tolling works. Suppose Bob suffers a personal injury because of Tom's negligence on Jan. 1, 2023. The three-year statute of limitations would begin on Jan. 1, 2023. But if Tom leaves Massachusetts on July 1, 2023, and does not return until Jan. 1, 2024, the statute of limitation pauses when he is out of the state. In this scenario, Bob has until July 1, 2026, to file his case against Tom instead of the original Jan. 1, 2026 deadline.

This means that the accrual of the three-year limitation period to bring the case against Tom does not run while he is out of state.

Discovery Rule

Compared to tolling the statute of limitation, the discovery rule can extend the amount of time to file the civil case. Here, the time limit does not start to run until the plaintiff discovers the injury, damage, or harm.

You can often see this rule apply in cases of medical malpractice where the injury caused to the plaintiff was not immediately apparent.

For instance, you slipped and fell at a grocery store on Oct. 11, 2023. You hit your head and felt shaky, but you were generally OK. One year later, on Oct. 11, 2024, you started complaining about a bad headache, and you went to get checked at the hospital. The doctor diagnosed you with a trauma-induced brain lesion that got worse over time. You have no other history of head injury and realized that the slip-and-fall accident you experienced back on Oct. 11, 2023, caused this.

Under the discovery rule, the time period to file your case starts on Oct. 11, 2024, when you discovered your injury.

Statute of Repose

The statute of repose is different from the statute of limitations. It is a legal concept that sets the maximum amount of time when a party can bring a claim, regardless of when the plaintiff learned of the injury, harm, or damage. For instance, the statute of repose in a medical malpractice claim in Massachusetts is seven years from the date of the injury.

This means that after seven years, you can't bring the medical malpractice claim. This is regardless of whether you only discovered the malpractice after seven years. The purpose of the statute of repose is to provide an absolute time period for civil cases. It also protects potential defendants.

Related Articles

• Massachusetts Statutes of Limitations
• Massachusetts Criminal Statute of Limitations Laws

Seek Legal Advice From an Experienced Attorney Today

You must act promptly if you or your loved ones are in a civil lawsuit in Massachusetts. Contact an experienced civil law attorney near you. They can do a case evaluation and explain how the statute of limitation under Massachusetts law applies to your case. They can help you understand the legal issue and help you meet important filing deadlines. Reach out to an experienced attorney today to learn more about the Massachusetts statute of limitations and protect your interest.