Detailed Answer

Short answer: Under Massachusetts law, most personal injury claims must be started within three years of the date of injury. If you do not settle and you do not file a lawsuit before that statute of limitations runs, you generally lose the right to sue and recover money in court. That means the defendant can ask the court to dismiss your case as time-barred and you usually cannot force a recovery later.

What the statute of limitations is in Massachusetts

Massachusetts sets the time limit for ordinary personal injury lawsuits at three years. See Massachusetts General Laws, Chapter 260, Section 2A: M.G.L. c.260 §2A. This three-year period applies to most negligence, automobile accident, and simple personal injury claims.

When the clock starts

Generally the clock starts running on the date you were injured or the date the injury occurred. In some fact patterns—such as latent injuries that are not and could not reasonably be discovered right away—the claim may not accrue until the injury is discovered or reasonably should have been discovered. Whether the discovery rule applies depends on the facts and case law.

Consequences if you don’t settle or file before the deadline

• Loss of right to sue: After the limitations period expires, a defendant can move to dismiss your lawsuit as time-barred. Courts usually enforce the statute strictly, and dismissal prevents you from obtaining money damages in court.
• Settlement offers may expire or lose leverage: A pre-deadline settlement offer can disappear after the deadline, and your bargaining power often drops if the defendant knows your claim is about to expire.
• No judgment enforcement later: If you miss the deadline and have no legal basis to revive the claim, you cannot later collect against the defendant even if you suffered real losses.
• Limited exceptions: You might still recover in narrow circumstances, such as if the statute was tolled (paused) or if the defendant fraudulently concealed the injury or the cause. Courts may also allow claims to proceed where the claimant was under a legal disability (for example, infancy) during the limitation period. These exceptions are fact-specific and often require counsel to assert successfully.

Why settlement talks do not automatically extend the deadline

Mediation or informal settlement negotiations do not usually stop the statute of limitations. If you need more time while negotiating, you can ask the defendant to sign a written tolling agreement (sometimes called an extension or standstill agreement) that pauses the limitations period for a set time. Without such a written agreement, you should file suit before the deadline to preserve your rights.

Special rules and related deadlines

Some claims follow different rules or have additional requirements:

• Claims against government entities: Suing a city, town, or state agency often requires special pre-suit notices or shorter deadlines. See Chapter 258 (Massachusetts Tort Claims Act) for rules relating to public entities: M.G.L. c.258.
• Medical malpractice and professional claims: Certain professional-liability claims can have distinct accrual rules and filing requirements—check applicable statutes and deadlines.

What to do now

If your personal injury claim is approaching the three-year mark or you think the deadline has passed:

• Do not rely on settlement talks alone to preserve your claim.
• File a lawsuit before the deadline if you cannot obtain a tolling agreement.
• Consider asking the defendant to sign a written tolling/extension agreement if you are actively negotiating.
• Gather and preserve evidence: medical records, photos, witness contact information, and bills.
• Consult an attorney quickly to evaluate whether any tolling exceptions apply (fraudulent concealment, disability, minority, etc.).

How an attorney can help

An attorney will (1) calculate the applicable deadlines based on your facts, (2) advise whether a discovery rule or tolling exception might apply, (3) draft and file a timely complaint if needed, and (4) negotiate tolling agreements or settlements while protecting your rights.

Statute reference: Personal injury actions—three-year limitation: M.G.L. c.260 §2A.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Massachusetts attorney right away.

Helpful Hints

• Note the three-year deadline: M.G.L. c.260 §2A sets a three-year limit for most personal injury suits in Massachusetts.
• Don’t assume negotiations buy you time—get a written tolling agreement or file suit.
• Act early: filing a complaint before the deadline protects your right to recover even while you keep negotiating.
• Keep detailed records: medical treatment dates, bills, photos, and witness information are crucial evidence.
• If the defendant may be a government entity, check for special notice requirements under M.G.L. c.258 and act quickly.
• If you were a minor, incapacitated, or the injury was concealed, tell your lawyer—tolling or discovery rules might extend your time.
• Ask a lawyer to confirm when your statute of limitations actually runs—small timing differences can make or break a case.