How long do you have to sue after an injury in Massachusetts?
Last checked November 8, 2026
In Massachusetts you generally have 3 years from the date of your injury to file a lawsuit, under M.G.L. c. 260, § 2A. If a city, county or the state is responsible, the deadline can be much shorter: 2 years.
Calculate your deadline
Your general deadline would be
This is a general estimate. Exceptions can change it. We do not need your details to show it.
Massachusetts injury deadlines at a glance
| Situation | Deadline | Law |
|---|---|---|
| Most injuries, including car accidents | 3 years | M.G.L. c. 260, § 2A |
| Wrongful death | 3 years | M.G.L. c. 229, § 2 |
| Claim against the government (Public employers) | 2 years | M.G.L. c. 258, § 4 |
What the law says
“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.”
M.G.L. c. 260, § 2A
“presented his claim in writing to the executive officer of such public employer within two years after the date upon which the cause of action arose”
M.G.L. c. 258, § 4
When does the clock start?
Usually on the day you were hurt. In Massachusetts, M.G.L. c. 260, § 2A sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.
What does not stop the clock
Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.
What happens if you miss it?
Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.
Other states with the same deadline
Sources
- M.G.L. c. 260, § 2A, Official text, 2026-11-08
- M.G.L. c. 229, § 2, Official text, 2026-11-08
- M.G.L. c. 258, § 4, Official text, 2026-11-08