It is crucial to keep in mind that there is only a limited amount of time to file a civil lawsuit for a certain claims, following which the claim will be barred. The time frame within which a civil action may be filed can be controlled by a statute of limitations or a statute of repose.
Statutes of limitations govern the time within which legal proceedings must be commenced after a cause of action accrues. Accrual is generally when the claim arises or when a party knew or should have known about the claimed injury or wrong. When a statute of limitation has run, or expired, the party is no longer able to file a lawsuit based on the claim.
A statute of repose limits the time within which an action may be brought, regardless of when it accrued (i.e., even if the injury or wrong was not known).
Below, you will find several of the most common statutes of limitations for Massachusetts civil claims. Please note that there are many exceptions that may apply to these statutes, including exceptions that may shorten or extend the period within which the claim must be brought.
If you have a business or private cause of action, contact the experienced attorneys at Equitas Law LLP for guidance on how to initiate a claim in Massachusetts or Federal Court.
Tort Actions : For most civil actions sounding in tort, the cause of action accrues when the injury or damage is sustained. The action must be commenced within three (3) years of such accrual. G.L. c. 260, § 2A.
Improvements to Real Property : For claims involving improvements to real property arising out of any deficiency or neglect in the design, planning, construction or general administration of an improvement to real property, an action may be commenced only within three (3) years after the cause of action accrues. G.L. c. 260, § 2B.
However, in no event shall actions be commenced more than six (6) years after the earlier of the dates of the opening of the improvement to use or substantial completion of the improvement and the taking of possession for occupancy by the owner. The six-year time limit constitutes an absolute limit within which such an action may be brought and accordingly, is a statute of repose.
Wrongful Death : A wrongful death action must be commenced within three (3) years from the date of death or within three years from the date the decedent’s executor or administrator knew, or in the exercise of reasonable diligence, should have known, the factual basis for a cause of action. G.L. c. 229, § 2.
Decedent’s Estate : Generally, suits against an estate must be commenced and served within one (1) year after the date of death. MUPC Section 3-803(a). Service must be made in hand upon the administrator or executor of the state, or a notice of the suit, including the name of the estate, the name and address of the creditor, the amount of the claim and the court in which the action has been brought, must be filed in the proper registry of probate.
Contract Actions : In general, the statute of limitations for most contract actions is six (6) years from the time of the breach of contract. G.L. c. 260, § 2.
Legal Malpractice : Actions of contract or tort for malpractice, error or mistake against attorneys shall be commenced only within three (3) years after the cause of action accrues. G.L. c. 260, § 4.
Consumer Protection Actions : Actions arising out of violations of any law intended for the protection of consumers (including G.L. c. 93A) shall be commenced only within four (4) years after the cause of action accrues. G.L. c. 260, § 5A.
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