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Video: Massachusetts Personal Injury Statute of Limitations: How Long Do You Have to File a Claim?
May 19, 2026
Transcript
How Long Do You Have to File a Personal Injury Claim in Massachusetts?
How long do you have to file a personal injury claim in Massachusetts? The general answer is three years, but there is more to this question than just counting dates on a calendar.
Welcome to Massachusetts Personal Injury FAQ. I’m Attorney Tracy Paulsen, founder of Rightful Legal. Each week, I answer common questions that I hear from my clients.
Massachusetts Personal Injury Lawsuit Deadline
In Massachusetts, most personal injury lawsuits must be filed within three years from the date the claim begins. In many cases, that means three years from the date of the accident or injury.
That may sound like a long time, but here is what people need to understand.
Waiting Can Hurt Your Personal Injury Case
Waiting can seriously hurt your personal injury case. A personal injury case is not just about filing paperwork before a deadline. It’s about proving what happened, proving who is responsible, and proving how the injury changed your life.
Remember that over time, evidence can disappear. Video footage can be lost or deleted. Witnesses become harder to find. Accident scenes change dramatically. Medical records also need to clearly connect your injuries to the accident.
That is why the statute of limitations is the final deadline, not the best time to act.
Insurance Claims and Lawsuits Are Different
There is also an important difference between an insurance claim and a lawsuit. You may open an insurance claim shortly after an accident, but that does not always protect your right to file a lawsuit later.
If the legal deadline passes and no lawsuit has been filed, the insurance company may have no reason to keep negotiating.
Some Personal Injury Deadlines May Be Different
There are also cases where the timeline may be different. For example, if your injury involves a city, town, public agency, public property, or government vehicle, there may be special notice requirements that are different.
Those deadlines can come much earlier than the three-year lawsuit deadline.
Some cases involving children, delayed discovery of an injury, medical malpractice, or wrongful death may also involve different timing issues.
Do Not Assume You Have Time
The safest rule is simple. Do not assume you have time. If you were hurt in a car accident, a fall, a dog bite, a construction accident, or another injury caused by someone else’s negligence, you should find out early what your deadline is for your specific case.
The three-year deadline is important, but the real strategy is to protect the case long before that deadline becomes a problem because the stronger the evidence, the stronger your claim, and the earlier the case is evaluated, the better chance you have to avoid mistakes that can reduce or even destroy your recovery.
If you have questions about your potential case or your rights, you can reach me directly at 617-821-5856.
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