MA Statutes of Limitations for Injury, Negligence et al.

MA Statutes of Limitations

Massachusetts statute of limitations

The Massachusetts statute of limitations personal injury is typically 3 years but can vary depending on the type of case and the circumstances. In most personal injury, causes of action such as truck accidents, car accidents, and motorcycle crash claims, the statute of limitations in Massachusetts is 3 years.  This SOL begins to run from the date of the crash. The Statute of Limitations is a law that bars filing a lawsuit and seeking compensation from a tortfeasor at fault for the mishap after the applicable time period. 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 post 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.

Assorted Massachusetts Statute Of Limitations:

Below you will find the statute of limitations for various Massachusetts causes of action

Fine Art Destruction

MA does have some more particular statutes of limitations such as the SOL for actions seeking damages concerning the destruction of fine art, must be filed in 2 years. 

Dam Overflow Litigation

“The owner or occupant of land which has been overflowed or otherwise injured by such dam may bring a civil action to obtain compensation therefor. Such action shall be commenced within three years next after the event complained of…”

Civil Right Violations in Mass.

“The applicable statute of limitations is the three-year period provided by G. L. c. 260, Section 5B, as added by St. 1986, c. 94, Section 2.”

Consumer Protection Causes of Action

Massachusetts Statute of LimitationsThere is a 4 year SOL for claims brought under Massachusetts general Law 93A which is the MA Unfair and deceptive Business Practice Act.  In order to pursue a 93A claim in Mass., there must be an underlying cause of action such as a breach of contract claim. Therefore the 93A claim MAY survive despite the fact that the underlying cause of action may be time barred. In Rita v. Carella the Massachusetts Supreme Judicial Court sitting in Boston reasoned that “Noting that the ordinance contains a one-year limitation of action, while a four-year statute of limitations applies to actions under G.L.c. 93A, the judge reported the question whether the plaintiff could recover damages under G.L.c. 93A for that period of time when a cause of action under the ordinance was time-barred. For the reasons set forth below, we answer yes.”  Rita v. Carella 394 Mass. 822 (1985) 477 N.E.2d 1016 see also  ROBERT B. SCHWARTZ vs. THE TRAVELERS INDEMNITY COMPANY

Contract Injury related Cases in Massachusetts

The statute of limitations for these claims are also 3 years. Contract based actions have a three year limit for commencement of action. “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. ” (Pure contact claims not related to personal injury and accidents have a 6 year SOL in Mass.)

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.”

The statute of limitations in Massachusetts is Three years for contract claims premised on torts  (M.G.L. c. 260, § 2A; Cambridge Literary Props., Ltd. v. W. Goebel Porzellenfabrik G.m.b.H. & Co. Kg., 448 F. Supp. 2d 244, 262-64 (D. Mass. 2006) (applied three-year  statute of limitations when plaintiff’s claim for  unjust enrichment was primarily based on allegations of conversion, rather than breach of contract).

Contract lawsuit statute of limitations

The statute of limitations in Massachusetts is 6 years for lawsuits based on  contract causes of action (M.G.L. c. 260, § 2; Micromuse, Inc. v. Micromuse, PLC, 304 F. Supp. 2d 202, 209 (D. Mass. 2004) (applied six-year statute of limitation to plaintiff’s lawsuit for unjust enrichment when the facts necessary to prove unjust enrichment were the same or similar to breach of contract and the same or similar to count for
breach of implied covenant of good faith and fair dealing).

The SOL Four years for sales based contact lawsuits controlled by the UCC (M.G.L. c.106, § 2-725; Monteferrante v. Williams-Sonoma, Inc., 241 F.Supp.3d 264, 270 n1 (D. Mass. 2017)

Wrongful Death  statute of limitations in Massachusetts

The statute of limitation for wrongful death cases in Massachusetts is 3 Years  (M.G.L. c. 229, §2) The SOL for Survival Actions is the time which the deceased victim could have pursued the lawsuit or within two years after bond in the probate case for the discharge of the deceased victims’  trust.

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 – 

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

Contribution and Indemnity claims

One year after judgment.

Negligent home inspections

A homeowner or other who was a victim of a negligent home inspection is under a 3 year sol from the date the report was finished. However, there is indication from a lower court that this may actually be a statute of repose. See Kelly v Ayer 10 Mass. L. Rptr 644 ( Super. Ct. 29006) Wikipedia states “A statute of repose may impose a much stricter deadline than a statute of limitation. A statute of repose, in contrast to a statute of limitations, “is designed to bar actions after a specified period of time has run from the occurrence of some event other than the injury which gave rise to the claim”

Intentional wrongs

This includes assaults, trespassing, intentional infliction of emotional distress and other intention causes of actions. 3 years

The MA Medical Malpractice Statute of Limitations

The Medical Malpractice deadline for filing a Mass. Medical Malpractice , or surgical malpractice lawsuit is three years in the City of Boston and across MA! The Massachusetts statute of limitations personal injury is the same as the sol for medical malpractice in 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.”

Deadline for filing a claim against a ski area operators 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, a 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.

Massachusetts statute of limitations personal injury

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.”

For example: A Massachusetts personal injury attorney misses a deadline, in a motor vehicle accident cause of action. The MA Car accident lawyer does not file the complaint seeking damages for pain and suffering, medical bill and disability within 3 years after the Boston auto accident. The Injury claimant is now barred from recovering compensation as a result of the auto wreck. Nonetheless, the injured victim could bring a professional malpractice case against the negligent Mass. car accident lawyer for missing the applicable Massachusetts car crash SOL. This would allow the claimant another three years to get some semblance of justice and compensation for his or her bodily injury, lost wages and pain.