Massachusetts at a glance
Massachusetts allows three years for tort actions.[1] A claim against a public employer must be presented in writing within two years.[2] A plaintiff whose negligence is greater than the defendants’ total cannot recover.[3] Massachusetts is a no-fault state with $8,000 in PIP benefits.[4][5]
Filing deadlines
M.G.L. c. 260, § 2A
Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.
Source: [1]
In plain English, most injury lawsuits in Massachusetts must be filed within three years.[1]
Public employers: M.G.L. c. 258, § 4
A civil action shall not be instituted against a public employer on a claim for damages under this chapter unless the claimant shall have first presented his claim in writing to the executive officer of such public employer within two years after the date upon which the cause of action arose.
Source: [2]
Shared fault
M.G.L. c. 231, § 85
Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought
Source: [3]
This is modified comparative fault, often called the 51% bar. An injured person who is 50% or less at fault can recover damages reduced by their share; one who is more at fault than the parties the statute compares them to cannot recover.
Auto insurance requirements
The Division of Insurance reports that, for policies written or renewing on or after July 1, 2025, the minimums are “Bodily Injury to Others: $25,000 per person and $50,000 per accident,” uninsured auto coverage of $25,000/$50,000 and “Damage to Someone Else’s Property: $30,000 per accident.”[6] Policies must also include personal injury protection “to the amount or limit of at least eight thousand dollars on account of injury to or death of any one person.”[4]
Tort threshold: M.G.L. c. 231, § 6D
a plaintiff may recover damages for pain and suffering, including mental suffering associated with such injury, sickness or disease, only if the reasonable and necessary expenses incurred in treating such injury, sickness or disease for necessary medical, surgical, x-ray and dental services
Source: [7]
Section 6D sets a dollar amount for those medical expenses and lists injuries, such as fractures and permanent and serious disfigurement, that satisfy the threshold regardless of expenses.[7]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Massachusetts?
In plain English, most injury lawsuits in Massachusetts must be filed within three years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- M.G.L. c. 260, § 2A. Massachusetts Legislature. https://malegislature.gov/laws/generallaws/partIII/titleV/chapter260/section2A
- M.G.L. c. 258, § 4. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter258/Section4
- M.G.L. c. 231, § 85. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85
- M.G.L. c. 90, § 34A. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34A
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
- Massachusetts Division of Insurance. “2025 New Motor Vehicle Mandatory Coverage Limits.” https://www.mass.gov/doc/2025-a-new-motor-vehicle-mandatory-coverage-limits/download
- M.G.L. c. 231, § 6D. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section6D
Sources last checked: October 11, 2026
