Massachusetts Statutes of Limitations

The statute of limitations plays a vital role in civil and criminal cases. It sets a time limit for a party to start legal action. Understanding this limitation period is crucial for those seeking justice or facing legal challenges.

This article will provide an overview of Massachusetts's statute of limitations.

Understanding Massachusetts Statute of Limitations

Statutes of limitations are laws establishing when someone can file a legal action. They serve various purposes. For instance, they ensure the timely prosecution of civil and criminal cases. They also help secure the integrity and reliability of the evidence and are crucial for witnesses whose memories could fade and evidence that could deteriorate. The statute of limitations also protects defendants from facing outdated criminal charges.

Massachusetts Civil Statutes of Limitations

Massachusetts state laws have specific statutes of limitations for different types of civil actions. The following are some of the common civil actions and their statutes of limitations as reflected in Massachusetts state laws:

Three years statute of limitations from the accrual of the cause of action for the following civil cases:

• Actions of tort
• Personal injury cases
• Unlawful detention
• False imprisonment
• Fraud
• Damage to personal property
• Medical malpractice case
• Legal malpractice
• Product liability
• Wrongful death
• Oral contracts. For written contracts, it is six years.

Massachusetts Criminal Statute of Limitations

For criminal cases, Massachusetts state law has different statutes of limitation. The amount of time depends on the severity of the criminal charge. The following are some criminal cases and their corresponding statute of limitations:

There is no time limit for the following crimes:

• Murder
• Sex crimes against children
• Indecent assault and battery on a child under 14
• Child abuse
• Rape

The prosecution should produce independent evidence supporting the victim's allegation for any complaints filed more than 27 years after the criminal offense was committed.

There is a 10-year statute of limitation for the following crimes:

• Armed robbery
• Assault with intent to rob or to murder

For any other felonies, the statute of limitations is six years.

Tolling of Statute of Limitations

According to Mass. Gen. Laws ch. 260, Section 9, the statute of limitations "tolls" or pauses if the defendant leaves the state's jurisdiction or goes into hiding. Once the defendant returns to the court's jurisdiction, the statute of limitation resumes again. This mechanism ensures that people accused of a civil or criminal act do not simply hide while waiting for the limitation period to run out.

Discovery Rules in Civil Cases

In certain civil cases, the "discovery rule" applies. Under this rule, the statute of limitation does not run until the plaintiff discovers or could reasonably discover the harm or injury. This rule is relevant in cases like medical malpractice, where the plaintiff's injury is not obvious. It can also apply in fraud cases, where the plaintiff cannot immediately discover the deception.

Exceptions for Incapacitated People and Minors

Massachusetts law also provides certain exceptions for certain people. For minors, the statute of limitations often does not run until they reach 18. The statute of limitation may also toll incapacitated people during their incapacity.

Extended Time Limit for Sex Crimes

Many states, including Massachusetts, provide extended limitation periods or end the statute of limitations for sexual offenses. This applies, in particular, to crimes against minors.

Related Articles:

• Massachusetts Civil Statute of Limitations
• Massachusetts Criminal Statute of Limitations

Seek Legal Advice

If you or your loved ones have any legal issue where the statute of limitations is a factor, you must seek legal advice promptly. An experienced attorney can accurately assess the filing deadline and look at the case. They can also offer insights into the strength of your case and the best course of action to take. Consult your local attorney today to learn more about your case. FindLaw offers a directory of personal injury lawyers or criminal defense attorneys in Massachusetts.