A Statute of Limitations is a statute that restricts when a Personal Injury Claim or other cause of action can be pursued. Typically, in Car accident, bike or other crash related cases, the SOL runs from the date of the accident until three years lapse.
Every state, including Massachusetts, has statute of limitations for personal injury claims, fatal accident claims (wrongful Death lawsuits), truck and car accidents and medical malpractice. This MA Law information seeks to outline the most important statutes of Limitation for Tort Claims in Massachusetts.
Please contact a Massachusetts Personal Injury Attorney concerning the applicable Statute of Limitations in your case.
Please note that in some limited circumstances the statute of Limits is capable of being extended.
Contract based Personal Injury Claims:
Contract based actions have a three year limit for commencement of action.
See “Section 2A. 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.” https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2a
(Pure contact claims not related to personal injury and accidents have a 6 year SOL in Mass.)
Tort Based Warranty claims:
The SOL is 3 years for Injury Related Warranty causes of action.
Contract Based Warranty claims have a 4 year SOL in Mass!
See also: MARY V. PAGLIUCA vs. CITY OF BOSTON & others. 35 Mass. App. Ct. 820 – http://law.justia.com/cases/massachusetts/court-of-appeals/volumes/35/35massappct820.html
The Court Reasoned that: “In this case, Pagliuca suffered an anxiety attack on January 22, 1988, and so must have realized by that time that the defendants’ course of conduct was causing her injury. After that time, the defendants committed further acts which (allegedly) further traumatized Pagliuca, with the last of those affirmative acts taking place on February 16, 1988. As of that last date, Pagliuca was on notice of the relevant facts for each of her common law claims what she learned on February 22 went only to the severity of her injury. “When an injury or disease resulting from injury becomes manifest, the statute of limitations does not stay in suspense until the full extent, gravity, or permanence of that same injury or consequential disease is known.” Core v. Daniel O’Connell’s Sons, Inc., 17 Mass. App. Ct. at 649
Intentional Torts have a three year statute Of Limitations in Massachusetts.
The MA Medical Malpractice SOL
The Surgical and Med Mal SOL is three years in the City of Boston and across all of MA!
See: “Section 4. Actions of contract or tort for malpractice, error or mistake against attorneys, certified public accountants and public accountants, actions for assault and battery, false imprisonment, slander, libel, actions against sheriffs, deputy sheriffs, constables or assignees in insolvency for the taking or conversion of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against hairdressers, operators and shops registered under sections eighty-seven T to eighty-seven JJ, inclusive of chapter one hundred and twelve, actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety and also actions of tort for bodily injuries or for death or for damage to property against officers and employees of the commonwealth, and of any county, city or town, arising out of the operation of motor or other vehicles owned by the commonwealth, including those under the control of said commission, or by any such county, city or town, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within three years next after the cause of action accrues.”
Injury Actions against Ski Areas in MA:
These personal injury and negligence cases are required to be filed within one year from the date of the injury at the skiing resort . However, wrongful death as a result of a fatal skiing accident or other fatal mishaps at the ski slopes in Mass. can be filed within 3 year against an operator of a ski area.
An action based on a fatal crash such as a truck accident, MA Auto Accident, motorcycle accident, bicycle crash or other fatal accident must be pursued in court within three 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.” https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section2