How long do you have to file an injury claim?

After an injury, you may need time to recover, review your losses and learn what caused the harm. Yet Massachusetts law gives you a limited time to file most personal injury lawsuits. This filing period follows a rule known as the statute of limitations.

The deadline often starts on the date of your injury, but some exceptions may change it. Acting early helps preserve records and understand which rules apply to your claim.

The standard three-year deadline

In Massachusetts, you generally have three years from the date your personal injury claim accrues to file a lawsuit. In many cases, this means three years from the date of a car crash, fall or other harmful event.

Filing an insurance claim does not satisfy or stop this court deadline. Settlement talks also do not usually stop the clock. You must file the lawsuit within the required period unless a valid exception applies.

If you miss the deadline, the other party can ask the court to dismiss your case. A dismissal based on the statute of limitations could prevent you from seeking payment through that lawsuit, even when you have proof of an injury.

When different deadlines may apply

Certain facts can change the time you have to file an injury claim in Massachusetts:

• Against the government: You must present a formal written notice within two years of accrual, and you must wait to file the lawsuit until the agency issues a written denial or fails to respond within six months. The lawsuit must still be filed within three years of accrual.
• Involving delayed discovery: Sometimes an injury or its direct cause is not immediately apparent. In these rare situations, the timeline might only begin when you actually discover (or reasonably should have discovered) the harm.
• Involving minors: For minors with general personal injury claims, the three-year deadline does not start until their 18th birthday. However, if the injury is due to medical malpractice, a minor under the age of six has until their ninth birthday to file, which can extend beyond seven years. Otherwise, a strict seven-year absolute limit applies from the date of the omission.

Reviewing these exceptions may help you identify the deadline that applies to your injury claim.

Protecting your right to pursue the claim

Understanding the correct deadline is a key part of preparing for a personal injury claim. Record the date of the event, keep medical and insurance papers and note when you first learned what caused your injury. Early review and timely filing help preserve evidence and protect your right to file.