PERSONAL INJURY STATUTE OF LIMITATIONS
The clock starts
the day you're hurt.
In Massachusetts an injured person generally has three years from the date of an injury to file a claim, and once the deadline passes the right to recover is usually gone for good.
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What the personal injury statute of limitations means.
Every injury claim comes with a hidden clock. The statute of limitations is the legal deadline for filing a lawsuit, and in Massachusetts it is unforgiving: miss it, and even the strongest case is usually barred, no matter how badly you were hurt or how clearly someone else was at fault. It is the one deadline that cannot be argued around after the fact, which is why understanding it early is one of the most important things an injured person can do.
Disclaimer: Statute of limitations rules can vary significantly by state, jurisdiction, and the specific type of claim. The information above is general in nature. Please consult a qualified attorney for advice specific to your situation.
For most personal injury claims in Massachusetts, that deadline is three years from the date of the injury. It sounds like plenty of time, and it is exactly that assumption that causes people to lose their rights. Serious injuries take months to stabilize, insurers drag out negotiations, and life gets in the way, and suddenly the window is closing. Filing on time is not just about the courthouse; the evidence a claim depends on fades long before the deadline, so waiting quietly weakens the case even while the clock still runs. Our Boston personal injury attorney team tracks these deadlines from day one so a claim is never lost to the calendar.
This page explains how the personal injury statute of limitations works in Massachusetts, when the three-year clock starts, the exceptions that shorten or extend it, and why acting well before the deadline protects your claim. It is written to inform, and the exact deadline in any case depends on the specific facts, so it should never be assumed. If you were hurt and are not sure how much time you have, a free review can tell you where you stand at no cost and with no obligation. The mistake that costs people their claims is almost never a reckless one; it is a reasonable-sounding decision to wait. Someone assumes the insurer will make a fair offer, or wants to see how the injury heals before deciding, or simply cannot face paperwork during a hard year. None of that stops the clock. The deadline does not care why a claim was late, and it does not bend for a sympathetic story, which is why the only safe assumption is that time is shorter than it feels and worth protecting now.
Disclaimer: Statute of limitations rules can vary significantly by state, jurisdiction, and the specific type of claim. The information above is general in nature. Please consult a qualified attorney for advice specific to your situation.
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Do not let the deadline decide your case.
- We calendar every deadline the moment a case begins, so a claim is never lost to a missed filing date.
- We identify which limitations period actually applies, because the standard three years is not the rule in every case.
- We move fast to preserve the evidence, since proof fades long before the legal deadline arrives.
- We handle the filing and the insurer while you focus on recovering, not on tracking a calendar.
- We flag the shorter deadlines that catch people off guard, like claims involving a government defendant.
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How the Massachusetts filing deadline works.
The three-year default
Most personal injury claims in Massachusetts must be filed within three years of the date the cause of action accrues. For a typical accident that means three years from the day you were hurt. In some situations the harm is not obvious right away, and Massachusetts applies a discovery rule, so the clock can start when the injury and its cause reasonably should have been discovered rather than on the day of the underlying event. Because that determination is fact-specific and easy to get wrong, the safe course is always to treat the earliest possible date as the deadline and to act well ahead of it.
When the deadline is different
The three-year default is not universal. When an injury proves fatal, the wrongful death clock runs three years from the date of death, and that date is not always the same as the day of the accident. Claims against a city, town, or state agency carry their own, much shorter notice requirements, a formal written notice that must be presented early, long before the ordinary three-year deadline, or the claim is lost no matter how strong it is. Because these shorter clocks are easy to miss, identifying the right one at the very start of a case is essential.
Tolling for those who cannot yet sue
The law also pauses the clock in limited circumstances. For a child injured before adulthood, the limitations period is generally tolled until they reach eighteen, and it may be paused for a person legally incapacitated from bringing a claim. These exceptions are narrow and technical, and relying on one without confirming it is a serious risk, which is why any deadline question deserves a careful look at the specific facts rather than a guess based on the general rule. It is worth being clear about why the deadline is enforced so strictly. Limitations periods exist to make sure claims are decided while the evidence is still fresh and witnesses can still be found, and courts treat them as firm lines rather than suggestions. That means an injured person cannot rely on the other side’s patience or on a sense of fairness to buy more time; once the period closes, the defendant is entitled to have the case dismissed regardless of its merits. Understanding that the deadline is a hard wall, not a soft guideline, is what turns it from a trap into something a person can plan around.
Where the personal injury statute of limitations applies.
The everyday claims it governs
The three-year clock runs on the everyday injury claims that fill most dockets, and it starts at the moment of the crash. It governs a routine rear-end collision and a catastrophic highway wreck alike, the cases our Boston car accident lawyer and Boston truck accident lawyer teams file, and it runs just the same on the claim a Boston motorcycle accident lawyer brings, because negotiations never pause the deadline and an unfiled claim dies on its anniversary no matter how active the file feels.
Riders, walkers, and fatal cases
The same window binds every kind of injury. A rider or walker struck on the road, the work of a Boston bicycle accident lawyer or a Boston pedestrian accident lawyer, is held to the identical three years, and when an injury proves fatal a Boston wrongful death lawyer must bring the claim within three years of the death, a date that is not always the day of the accident. Knowing which date controls is the difference between a live claim and a barred one.
Why waiting is the quiet risk
In all of these cases the deadline is only half the danger. Long before three years run, the evidence that proves the claim begins to disappear: memories blur, vehicles are repaired or scrapped, surveillance footage is overwritten, and witnesses move on. A claim filed at the last minute may be perfectly timely and still be weak, because the proof it needed was lost years earlier. Acting early protects both the deadline and the case itself. And the deadline is running from the very first day, quietly, whether or not anyone is yet thinking about a lawsuit, which is why it is one of the first things worth pinning down rather than the last.
The deadlines and exceptions worth knowing
The statute of limitations looks simple until you look closely, and a full understanding breaks it into the pieces that actually decide whether a claim survives. There is the three-year default, the standard window that governs most injury claims and lulls people into thinking they have all the time they need. There is the discovery rule, which can move the start date forward when an injury or its cause was not reasonably knowable at first, but which is fact-specific and dangerous to rely on without confirming.
Disclaimer: Statute of limitations rules can vary significantly by state, jurisdiction, and the specific type of claim. The information above is general in nature. Please consult a qualified attorney for advice specific to your situation.
There are the shorter deadlines, most notably the written-notice requirements for claims against government entities, that end a claim far sooner than people expect. And there is tolling, the narrow set of circumstances, such as an injured child, that can pause the clock. The categories below are a starting point rather than a limit, and more than one can apply to a single case, which is why the deadline should be confirmed by looking at the specific facts rather than assumed from a general rule.
There is a practical reason all of this matters so much. Because the rules on timing are technical and full of exceptions, the deadline is one of the few things in an injury case that cannot be fixed after the fact. A weak evidentiary point can be shored up, a fault dispute can be answered, a lowball offer can be countered, but a missed deadline is final. That asymmetry is exactly why the safest and simplest move is to treat the earliest plausible date as the real one, confirm it early with a careful look at the facts, and never let a claim drift toward a line that cannot be uncrossed.
It is the one part of a case that rewards acting early and punishes nothing but delay, and it is the easiest of all to protect, simply by not waiting to find out how much time is truly left. None of this means panicking over a deadline that may still be years away. It means treating the date as a known, fixed fact rather than a vague someday, confirming it early, and letting that certainty free you to focus on healing and on deciding, calmly and on your own terms, whether pursuing a claim is right for you. The deadline only becomes a trap for the people who never bother to find out exactly where it falls.
The Three-Year Default
The Discovery Rule
Shorter and Government Deadlines
Tolling and Exceptions
How to protect a claim before it expires
Find out your actual deadline early
Do not assume the standard three years applies, because a wrongful death or a government claim can carry a far shorter deadline, and only a look at your own facts can reveal the one real date to beat.
Preserve the evidence without delay
Long before that deadline arrives, the proof begins to vanish, so gather the police report, the photos, the records, and the witness names, while the evidence your claim depends on can still be saved.
Let a lawyer file the claim on time
Let a lawyer confirm the deadline and handle the filing, because once the limitations period runs out even the strongest injury claim is barred, and no argument about fairness can revive it afterward.
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Ask us about your injury filing deadline
If you were hurt and are not sure how long you have to act, the worst thing you can do is wait to find out. Tell us when and how you were injured, and we will pin down the deadline that actually applies to your case, preserve the evidence before it fades, and handle the filing so nothing is lost to the calendar. There is no charge to talk, no pressure, and no fee unless we win. The general three-year deadline is, but several exceptions can change it, and we can tell you which one applies to you.
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The personal injury statute of limitations affects every injured person across Boston and throughout Massachusetts, whatever the cause of the harm. If you are unsure how much time you have left to file, we can walk you through it in plain terms at no cost and with no obligation.
Disclaimer: Statute of limitations rules can vary significantly by state, jurisdiction, and the specific type of claim. The information above is general in nature. Please consult a qualified attorney for advice specific to your situation.
Personal injury law in Boston answered directly.
Do I have a personal injury claim?
You may, if someone else’s carelessness caused your injury. The key questions are whether another person or company was negligent, whether that negligence caused your injury, and how serious the harm is. Many people are unsure whether their situation rises to a claim, especially when an insurer downplays it. A free review with an attorney is the best way to find out, because we can look at the facts, the evidence, and the insurance and tell you honestly whether you have a case and what it may be worth, at no cost to you.
What kinds of cases do you handle?
We handle the full range of serious injury and wrongful death cases, including car, truck, motorcycle, bus, rideshare, bicycle, and pedestrian crashes, slip and fall and other premises injuries, dog bites and animal attacks, injuries from dangerous or defective products, and fatal accidents. What these cases share is that someone was hurt by conduct that should not have happened. If you are not sure whether your situation fits, the simplest thing is to ask; the review is free, and we will tell you honestly whether we can help.
How much is my claim worth?
It depends on the severity of the injuries and their lasting effects. Value can reflect past and future medical care, lost wages and reduced earning capacity, pain and suffering, and the long-term impact of a serious or permanent injury, along with property damage in a crash. Every case is different, and the future care is often the largest part of a serious claim. Be cautious of anyone who promises a number up front; a careful attorney evaluates the claim only after reviewing how the injury happened and the full medical picture.
What if the insurer says I was partly at fault?
You can still recover as long as you were not more than half to blame. Under comparative negligence, your compensation is reduced by your share of fault but not eliminated unless that share passes fifty percent. Insurers often exaggerate the injured person’s role to cut what they pay, sometimes based on little evidence. An attorney can present the full picture of how the injury happened and protect your recovery from an unfair or inflated fault argument.
Should I talk to the insurance company?
It is best to be cautious. The other side’s insurer, and sometimes even your own, may contact you quickly and sound friendly, but their goal is to limit what they pay, and an early recorded statement can be used against you while you are still hurting. You are not required to give one. An attorney can deal with the insurers for you, so you do not say something that is later taken out of context, and so the focus stays on the other side’s fault and your recovery rather than on the insurer’s bottom line.
How long do I have to file a claim?
Most injury claims must be filed within three years, and for an injured child the deadline is paused. Claims involving a city or other public entity can carry much shorter notice deadlines. Because evidence fades and cameras record over their footage within days, it is best to act soon so the proof can be preserved well before any deadline approaches.
What if I cannot afford a lawyer?
You can. Larson Law handles injury claims on a contingency fee, which means there is no charge unless we recover money for you, and the first review is always free. We advance the costs of investigating the claim and working with any experts the case needs. You do not pay out of pocket while you recover, and we are only paid from a successful result. That arrangement exists so that anyone, regardless of their finances, can afford strong legal help after a serious injury.
Do I really need an attorney for my claim?
For a minor injury you may not, but for any serious injury an attorney usually makes a real difference. Insurers settle for less when no lawyer is involved, and the rules around fault, deadlines, and coverage are easy to get wrong on your own. An attorney levels the field, handles the insurers, proves the claim, and pursues the full value while you focus on recovering. Because the first review is free and we work on a contingency fee, there is no cost to find out whether you need one and what your claim may be worth.
How long will my case take?
It depends on the case. Some claims resolve in a matter of months through negotiation, while others, especially serious injuries that are still healing or cases an insurer refuses to value fairly, take longer and may require filing suit. It is usually wise not to settle until the full extent of your injuries is known, since you generally cannot reopen a claim later. An attorney can give you a realistic timeline for your situation and work to move the case as efficiently as possible without leaving money on the table.
What if a loved one died from an injury?
If an injury proved fatal, close family may bring a wrongful death claim. Such a claim can seek compensation for the loss of the person’s income, services, companionship, and guidance, along with funeral and related expenses. These cases are painful and the legal steps are complex, and an attorney can handle the investigation and the filings so the family can focus on each other, never paying anything up front and owing a fee only if there is a recovery.
How much does a personal injury attorney cost?
Nothing upfront. Larson Law handles personal injury claims on a contingency fee, so there is no charge unless we recover money for you, and the first review is always free. We advance the costs of investigating the claim, obtaining the records, and working with experts. We are only paid from a successful result, which lets an injured person take on the insurers without paying out of pocket while they recover, so cost is never a reason to wait to find out what your claim may be worth.
What should I do after an accident?
Get medical care right away, even if you feel okay, since some injuries appear hours or days later, and keep every record. Write down how it happened, photograph the scene, the cause, and your injuries, and get the names of any witnesses while it is fresh. Report the accident as appropriate. Avoid giving the insurer a recorded statement or signing anything before you have spoken with an attorney, who can preserve the evidence and protect both your health and your claim from the start.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.