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Massachusetts Statute of Limitations (2026)

Civil filing deadlines in Massachusetts under M.G.L. c. 260 — an unusually tidy scheme of three years for tort and six for contract, with defamation and legal malpractice pulled into a single three-year section.

✓ Last verified: Sep 2026
Claim Types
12
claim types tracked
Filing Range
3–6
year filing range
Govt. Notice
2
yrs to notify govt.
1 of these entries are marked “Unverified.” They have been added to the register but not yet checked line-by-line against the current statute text. Treat those figures as a starting point only, and confirm the citation at its official source before relying on it.
3 YEARS
Personal Injury
Three years from accrual. Section 2A covers actions of tort generally, so most negligence claims sit here.
Mass. Gen. Laws c. 260, § 2A ✓ Verified
3 YEARS
Medical Malpractice
Three years from accrual, with a seven-year statute of repose from the act or omission.
Mass. Gen. Laws c. 260, § 4 ✓ Verified
6 YEARS
Written Contract
Six years from accrual.
Mass. Gen. Laws c. 260, § 2 ✓ Verified
3 YEARS
Property Damage
Three years, on the same clock as personal injury.
Mass. Gen. Laws c. 260, § 2A ✓ Verified
3 YEARS
Defamation
Three years — notably generous. Most states give defamation one year; Massachusetts gives it the same three years as ordinary negligence.
Mass. Gen. Laws c. 260, § 4 ✓ Verified
3 YEARS
Product Liability
Three years for personal injury caused by a defective product.
Mass. Gen. Laws c. 260, § 2A Unverified
3 YEARS
Wrongful Death
Three years from the date of death, or from when the claimant knew or should have known of the factual basis for the claim.
Mass. Gen. Laws c. 229, § 2 ✓ Verified
3 YEARS
Fraud
Three years, with the discovery rule generally delaying accrual until the fraud was or should have been discovered.
Mass. Gen. Laws c. 260, § 2A ✓ Verified
6 YEARS
Breach of Oral Contract
Six years — the same as a written contract, since § 2 does not distinguish between them.
Mass. Gen. Laws c. 260, § 2 ✓ Verified
3 YEARS
Legal Malpractice
Three years, and the section says expressly that it applies whether the claim is framed in contract or in tort — which removes the pleading ambiguity that complicates Pennsylvania and Virginia.
Mass. Gen. Laws c. 260, § 4 ✓ Verified
3 YEARS
Assault & Battery
Three years — Massachusetts does not shorten the window for intentional torts the way New York, Michigan or North Carolina do.
Mass. Gen. Laws c. 260, § 4 ✓ Verified
3 YEARS
Trespass to Land
Three years, as an action of tort.
Mass. Gen. Laws c. 260, § 2A ✓ Verified
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Legal Forms
2
years
Government claims notice
Presentment within 2 years — Mass. Gen. Laws c. 258, § 4 The Massachusetts Tort Claims Act requires a claim to be presented in writing to the executive officer of the public employer within two years of accrual, and suit to be commenced within three years. The presentment requirement is strictly enforced and must go to the correct executive officer — presenting to the wrong official has defeated otherwise valid claims.

Common Questions About Massachusetts Deadlines

What is the statute of limitations in Massachusetts?

It depends on the type of claim. Massachusetts filing deadlines range from 3 years to 6 years — for example, personal injury 3 years, breach of a written contract 6 years, medical malpractice 3 years, defamation 3 years.

How long do you have to file a personal injury lawsuit in Massachusetts?

3 years under Mass. Gen. Laws c. 260, § 2A. Three years from accrual. Section 2A covers actions of tort generally, so most negligence claims sit here. Full personal injury rules →

What is the statute of limitations for wrongful death in Massachusetts?

3 years under Mass. Gen. Laws c. 229, § 2. Three years from the date of death, or from when the claimant knew or should have known of the factual basis for the claim. Full wrongful death rules →

What is the statute of limitations for medical malpractice in Massachusetts?

3 years under Mass. Gen. Laws c. 260, § 4. Three years from accrual, with a seven-year statute of repose from the act or omission. Full medical malpractice rules →

What is the statute of limitations for breach of contract in Massachusetts?

6 years under Mass. Gen. Laws c. 260, § 2. Six years from accrual. Full breach of a written contract rules →

How long do you have to sue for defamation in Massachusetts?

3 years under Mass. Gen. Laws c. 260, § 4. Three years — notably generous. Most states give defamation one year; Massachusetts gives it the same three years as ordinary negligence. Full defamation rules →

What is the statute of limitations for property damage in Massachusetts?

3 years under Mass. Gen. Laws c. 260, § 2A. Three years, on the same clock as personal injury. Full property damage rules →

Do you have to notify the government before suing in Massachusetts?

Often, yes. Presentment within 2 years under Mass. Gen. Laws c. 258, § 4. This is usually much shorter than the ordinary deadline.

Know your rights — check the claim type that matches your situation, then confirm the deadline with a licensed attorney.
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