Massachusetts has its own statute of limitations regarding personal injury lawsuits, medical malpractice lawsuits, pharmaceutical cases, and lawyer award caps?
Like every other state, Massachusetts is governed by its own different rules and statutes regarding how much time the families of victims can wait to file personal injury lawsuits.
If you have suffered a wrongful death, please use this as a handy reference guide for Mass. You will most likely be grieving but waiting too long to file a personal injury lawsuit could cost you the opportunity to do so.
Minor’s Tolling - Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on a person’s 18th birthday
Caps on Paid Damages to Victim
Massachusetts limits noneconomic damages in medical malpractice cases to $500,000.00. There are no limits for product liability and pharmaceutical cases.
Mass. statute of limitations:
Negligence – 3 years
Medical malpractice is 3 years from date of injury or discovery; 7 years maximum (unless it is a foreign object in the body). Children under 6 have until their 9th birthday but no more than 7 years from date of accident
Product liability – 3 years of suffering injury
Wrongful death – 3yrs from date of death or date cause of action should have been known
Survival – 3 years
Resource – Massachusetts Local Trial Lawyers Association and State PoliceMassachusetts Academy of Trial Attorneys 8 New England Executive Park, Suite 160
Burlington, MA 01803 781.425.5040