Massachusetts injury rights, deadlines, and help

If you were hurt in Massachusetts, the first question is usually the same: how long do I have to act? This page lays out the main Massachusetts deadlines, what to do right now, and where free help is.

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The deadline box: Massachusetts key time limits

Personal injury lawsuit: 3 years. Under Mass. Gen. Laws ch. 260, § 2A, most injury lawsuits must be filed within 3 years. This is the statute of limitations (the legal deadline to file a lawsuit). (Source)
Work injury, report to your employer: as soon as practicable. Massachusetts law does not set a fixed day count, but under Mass. Gen. Laws ch. 152, § 41 you must give notice as soon as you reasonably can. Do it in writing the same day and keep a copy. (Source)
Work injury, file the claim: 4 years. Under the same section, a workers compensation claim (the state system that pays for work injuries) must be filed within 4 years from when you first became aware that your disability is connected to your work. Death claims: within 4 years of the death. (Source)
Injury involving the government: 2 years to present your claim. Under Mass. Gen. Laws ch. 258, § 4, you must send a written "presentment" (a formal claim letter) to the right public official within 2 years. The lawsuit itself must be filed within 3 years. (Source)

Two warnings. First, the presentment rule is strictly enforced, and the letter must reach the correct officer. For a claim against the Commonwealth, that is the Attorney General. For a city or town, it is the mayor, manager, clerk, counsel, or chair of the select board. Sending it to the wrong person can sink a claim. If the government stays silent for 6 months, that counts as a denial. Second, medical claims can have different, often shorter deadlines. Do not assume the 3-year rule covers a hospital or doctor case.

What to do first

Get medical care now. Your health comes first, and the records also document your injury.
If it happened at work, tell your employer in writing today, even though the law is flexible about timing. Keep a copy.
Write down what happened while it is fresh: date, time, place, people, and conditions.
Take photos of the scene, your injuries, and anything involved (a vehicle, an icy step, a machine).
Get names and contact information for witnesses.
Do not sign anything from an insurance company before you understand your full costs.
Note who owns the place where you were hurt. If a city, town, or state agency is involved, the presentment clock is already running.

Common situations in Massachusetts

Hurt at work. The 4-year claim window is longer than in most states, but do not let that relax you. Report in writing right away anyway. Early records make your claim stronger, and injuries that "seem fine" can get worse.

Hurt on the road. Massachusetts uses modified comparative negligence (a rule that reduces or blocks recovery based on your share of fault). Under Mass. Gen. Laws ch. 231, § 85, you can still recover as long as your fault is not greater than the other side's, but your payment is reduced by your share. Even at 50 percent fault you can still recover. At 51 percent, you get nothing. (Source) This is why evidence matters: the other side's insurer will try to push your share of fault up.

Hurt on someone's property. Falls, dog bites, and unsafe conditions follow the same 3-year lawsuit clock. Dog bites are simpler here than in many states. Under Mass. Gen. Laws ch. 140, § 155, the owner or keeper is liable for any damage the dog does, unless you were trespassing, committing another wrong, or teasing or tormenting the dog. Children under 7 are presumed innocent of all of those, and the owner has to prove otherwise. (Source) If you fell on public property, remember the presentment letter.

A true story: her lawyer missed the deadline

Hiring a lawyer early is smart. Checking that the lawyer actually files is smarter. In December 1995, Teresa Schmidt slipped and fell at a grocery store in Tacoma, Washington. She did the right thing and hired a lawyer two weeks later. But her lawyer never properly filed the lawsuit before the deadline ran out, and her case against the store died through no fault of her own. Her only path left was to sue her own lawyer. That fight took almost 19 years, through a trial, a retrial, and two appeals, before the Washington Supreme Court finally ruled for her in 2014. (Source: Schmidt v. Coogan, Wash. 2014)

Her story is from Washington, but the lesson applies fully in Massachusetts, where the presentment rule punishes small mistakes. Ask any lawyer you hire, in writing: which deadlines apply to my case, and when will you file? A good lawyer will welcome the question.

What we can help with

We are on your side, and our help is free to injured people. We can help you:

Understand which Massachusetts deadlines apply to your situation
Figure out whether a city, town, or state agency is involved, and who must receive the presentment letter
Put your work-injury notice in writing correctly, today
Organize your records, photos, and timeline
Find the right next step: medical care, therapy, state benefits, or a licensed attorney when your case needs one
Prepare questions to ask before you hire any lawyer

We do not give legal advice, and we never take money from injured people. We explain your rights in plain language and connect you with licensed help when you need it.

Tell us what happened

If you or someone you love was hurt in Massachusetts, you do not have to sort this out alone. Tell us what happened. It is free, private, and there is no pressure.

Sources

Last reviewed: 2026-08-16

This is general information, not legal advice. Deadlines can change or vary with the facts. A licensed attorney can confirm the rule for your situation.