Justice Atlas

Civil statutes of limitations

How long do you have to sue in Massachusetts?

A statute of limitations is a hard filing deadline. File even one day after it and a court will almost always throw the case out permanently — no matter how strong it is. Among the nine claims on this page, the shortest in Massachusetts is 3 years.

Were you fired, treated unfairly at work, or harmed by a government agency? Those claims are not on this page and often have much shorter deadlines — sometimes only a few months (for example, many job-discrimination claims must be filed with the EEOC or a state agency within about 180 days; many claims against a government can require notice in 6 months or less). If that's you, your clock may be running out right now — contact an attorney or legal aid today.

If you think you might have a claim, treat the clock as already running. The deadline for your situation can be shorter than the table below — and missing it is usually fatal to the case.

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Filing deadlines by type of claim

statutory period · longer ≠ more time for you

Bar length is the number of years the statute allows; color flags how little time that is. disc. = a discovery rule may start the clock when you discover the harm, not when it happened. repose = an outer limit that can bar a claim even before you discover it.

What to do today

  1. Find the date you were harmed — the injury, the contract breach, the death, the day you discovered it.
  2. Compare it to the shortest deadline above that fits your situation. If you're anywhere close, treat today as your deadline, not the statutory date.
  3. Contact an attorney or free legal aid in Massachusetts now. Even if the deadline looks past, the discovery rule or tolling may still help — don't decide that yourself; ask someone licensed.

The statute for each claim

Defamation (libel / slander)

3 years

Mass. Gen. Laws ch. 260, § 4 RECORDED the statute as written — verify at the cited code

  • • Fraudulent-concealment tolling possible in rare cases.

Fraud

3 years

Mass. Gen. Laws ch. 260, § 2A RECORDED the statute as written — verify at the cited code

  • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
  • • Fraudulent concealment tolls under § 12.

Medical malpractice

3 years; max 7 years (repose)

Mass. Gen. Laws ch. 260, § 4 RECORDED the statute as written — verify at the cited code

  • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
  • Statute of repose: 7 years — an outer cutoff that can bar the claim even if the discovery rule would otherwise extend it.
  • • Foreign-object exception to the 7-year repose; tolling for minors under age 6.

Personal injury

3 years

Mass. Gen. Laws ch. 260, § 2A RECORDED the statute as written — verify at the cited code

  • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
  • • Tolling for minors under § 7 and incapacity.

Product liability

3 years

Mass. Gen. Laws ch. 260, § 2A RECORDED the statute as written — verify at the cited code

  • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
  • • Express-warranty claims governed by UCC 4-year limit (§ 2-318).

Property damage

3 years

Mass. Gen. Laws ch. 260, § 2A RECORDED the statute as written — verify at the cited code

  • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
  • • Standard tolling rules apply.

Wrongful death

3 years from death or discovery

Mass. Gen. Laws ch. 229, § 2 RECORDED the statute as written — verify at the cited code

  • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
  • • Underlying claim must have been timely as of death (Fabiano rule).

Contract oral

6 years

Mass. Gen. Laws ch. 260, § 2 RECORDED the statute as written — verify at the cited code

  • • UCC 4-year limit governs sales of goods.

Contract written

6 years

Mass. Gen. Laws ch. 260, § 2 RECORDED the statute as written — verify at the cited code

  • • Sales of goods under UCC subject to 4-year limit.

Why this table is not your actual deadline

These are the statutes Massachusetts has on the books. Your real deadline depends on facts only a lawyer can sort out:

  • When the clock started (accrual) — usually the date of harm, but the discovery rule can move it to when you reasonably should have known.
  • Whether it paused (tolling) — being a minor, incapacity, the defendant leaving the state, or fraud can stop or restart the clock.
  • A statute of repose — a separate outer limit that can bar a claim even before you discover it.
  • Which claim you actually have — the same facts can support several causes of action with different deadlines; the shortest one that applies controls.

The safe move is always to assume less time than you think and talk to an attorney immediately.

What this is — and is not

This page states the published statutory deadlines in Massachusetts for common civil claims — an informational reference, with each statute citation linked so you can verify it. It is not legal advice, not a calculation of your deadline, and not a substitute for a licensed attorney. Accrual, tolling, and the discovery rule are fact-specific. If you may have a claim, consult an attorney in Massachusetts immediately; for free help, see civil legal aid in Massachusetts.

Source: CaseFleet Civil Statute-of-Limitations Reference (2026) · statutes last verified 2026-04-29.

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