What Is the Statute of Limitations in Massachusetts?

The Statute of Limitations is a rule that defines a maximum amount of time during which legal proceedings may be initiated before the court. In Massachusetts, the Statute of Limitation is a time limit set by the state law within which a criminal charge must be filed for an alleged offense. Upon expiration of this period, legal claims are no longer valid and it becomes impossible to pursue legal action.

Massachusetts Statute of Limitations prevents unfair legal actions and helps parties of a case to address disputes expeditiously. The lawful time limit for each case also secures the integrity of evidence, which is important for witnesses with fading memories and evidence that can deteriorate.

How Long Is the Statute of Limitations in Massachusetts?

The time limits for filing a lawsuit in Massachusetts may vary, depending on what type of case involved, criminal or civil. This requires prosecutors to take legal actions against criminal charges within specific limitation periods in the state.

According to Chapter 260 of the Massachusetts General Laws (MGL), the statute of limitations for most civil cases is three years, depending on the specific issue at hand. In cases of a personal injury claim, there are exceptions where the three-year timeline begins from the date of the accident causing the injury, or when the injury is discovered.

The time limit for filing criminal cases depends on the severity of the offense, which includes misdemeanors and felonies, and can range from six years to longer periods. For example, more serious crimes like rape has a limitation period of 15 years.

The table summarizes certain time limits for filing a lawsuit in the state of Massachusetts.

What Crimes Have No Statute of Limitations in Massachusetts

Certain crimes in Massachusetts are exempt from the statute of limitations law, reflecting their gravity and the state's commitment to find justice, regardless of time constraints. Such crimes are known to be abominable that long after the timeline, it does not diminish the legal system’s resolve to prosecute offenders. Furthermore, this exception ensures that victims and their families regain hope, regardless of when the crime was committed.

Massachusetts’s legal system’s intention behind the exempting of these crimes is twofold:

• Acknowledging the impact of each crime on victims and society
• Emphasizing a commitment to holding perpetrators accountable, noting that some crimes are unjustifiable, regardless of timing.

Several categories of crimes with no statute of limitations in Massachusetts, include:

• Murder (MGL Ch. 277 Sec. 63)
• Sex crimes against children
• Indecent assault and battery on a minor
• Child abuse
• Indecent assault to a person with a disability.

Criminal Statute of Limitations in Massachusetts

The criminal statute of limitations in Massachusetts may vary equally and depend on the severity of the crime committed. However, the prosecution time limit stands to ensure that the evidence used in criminal trials remains fresh over time. With the seriousness of criminal offenses in the state, longer or no statutes of limitation work to balance fairness in all trials.

Criminal statute of limitations in Massachusetts falls into different divisions, such as:

• The misdemeanor statute of limitations in Massachusetts
• Felony time limits in Massachusetts
• Crimes with no limitation period
• Extended or longer limit offenses
• Exceptions or tolling divisions.

The misdemeanor statute of limitations in Massachusetts is 6 years and ensures that lesser offenses are resolved within a specified short period. For most felony offenses, the general statute of limitations is six years. However, crimes carrying severe penalties, such as murder and cases of sexual assault, do not have no limitation period. Such crimes can be prosecuted at any time.

Other crimes may have longer time limits because of how hard it is to detect them or they involve vulnerable victims. For example, fraud, and misconduct by public officers has a 10 years limitation period. The clock for child sex crimes may not start until the victim turns 16.

In criminal cases where the suspect is out of the state or a DNA evidence later identifies a suspect, the exception rule tolls or extends the clock. The table below shows some examples of criminal statute of limitations in Massachusetts:

Is There a Statute of Limitations on Attempted Murder?

Yes. Unlike a murder case, attempted murder has a statute of limitations in Massachusetts.
According to Massachusetts law (MGL Ch. 277, § 63), there is no limit period for crimes punishable by death or life in prison. For this reason, murder has no time limit. Attempted murder is a serious felony but does not carry a mandatory life sentence, and so, falls under the 6 years limitation period rule. However, the statute of limitations for attempted murder in Massachusetts may vary based on certain factors.

Statute of Limitations on Sexual Assault in Massachusetts

In Massachusetts, the deadline for filing sexual abuse claims depend on:

• The victim's age
• The presence of a discovery rule

Massachusetts understand that it can take much longer for child victims of sexual abuse to take legal actions against an offender. It is for this reason that the state has a longer time limit for minor victims. MGL Ch. 260, § 4C outlines the different sexual assault statute of limitations in Massachusetts for filing a lawsuit for minor and adult survivors of sexual abuse.

For minors, the current deadline for reporting an abuse is 35 years since the final act and 7 years after the discovery of damages. This means that even after 35 years, minor victims of sexual abuse can file a case against an offender, especially if the abuse is not yet recognized before the 35-year period has expired. Furthermore, sexual abuse statute of limitations in Massachusetts can be tolled until the child victims of the abuse become adults.

According to MGL Ch. 260, § 2A, the rape reporting deadline in Massachusetts for adult victims to file a lawsuit against an abuser is three years from the last date of injury. However, there is no special exception or tolling for adult victims as there is for child victims, unless a defendant leaves Massachusetts State. Once a defendant moves back to Massachusetts, the statute of limitations will continue.

Civil Statute of Limitations in Massachusetts

In general, there is a 3 year time limit for most civil cases. The civil statute of limitations in Massachusetts begins on the date of the injury and often varies depending on the type of civil claim. If a case is filed after the deadline passes, the court may dismiss it, regardless of the type of claim involved.

One major exception to the statute of limitations is the discovery rule, of which the limitation period does not begin until the plaintiff has discovered the existence of the injury. In Massachusetts, the discovery rule can extend civil lawsuit deadlines to file a civil case.

In Massachusetts, how long one can sue depends on the type of civil claim involved. The table below shows the various statute of limitation on civil claims in Massachusetts:

Statute of Limitations for Medical Malpractice in Massachusetts

According to MGL. Ch. 260, § 4, the medical malpractice statute of limitations in Massachusetts for victims of malpractice to file a lawsuit is 3 years. This timeline allows victims to initiate a legal lawsuit against healthcare providers for negligence. If the patient is a minor, the deadline is tolled until the child turns 18, but a malpractice case must be filed no later than the child’s 9th birthday.

The discovery rule is a major part of the medical malpractice statute of limitations in Massachusetts. The malpractice claim deadline in Massachusetts can only begin from the date of the alleged malpractice or from the date the injury was discovered. However, no plaintiff can file a medical malpractice legal action beyond 7 years after the act.

One may ask - how long to sue a doctor in Massachusetts for a medical malpractice? Massachusetts law (MGL. Ch. 231, § 60L(c)) requires the patient to notify the healthcare provider 182 days before filing a lawsuit on the claim. During this period, the claimant or healthcare provider will access all of the medical records related to the claim and furnish a release for any medical records related to the claim but are not in the claimant's control.

The table outlines some of the common medical malpractices in Massachusetts and examples.

Statute of Limitations for Debt in Massachusetts

The statute of limitations sets the deadline for debt collectors to file a lawsuit to collect an unpaid debt. As stated in MGL. Ch. 260 § 2, the consumer debt statute of limitations in Massachusetts, including credit card debt and contract disputes, is 6 years. This means that debt collectors generally cannot sue for unpaid credit card debt in Massachusetts. However, collectors can still demand for the debt without threatening or filing a lawsuit once the time limit expires.

In Massachusetts, an unpaid debt can remain on a person's credit report for 7 years from the date of first delinquency. Regardless of how old the debt is, it may still harm a person's credit for up to 7 years. Note that if a payment or debt is acknowledged in writing, it may restart the 6 year statute of limitations clock.

The table shows the various types of debt statute of limitations in Massachusetts:

Statute of Limitations for Child Abuse and Child Support in Massachusetts

There is no child abuse statute of limitations in Massachusetts for sexual criminal offenses involving minors. Regardless of how much time has passed, the following crimes may be prosecuted at any time:

• Aggravated rape
• Sexual abuse
• Indecent assault on a child under 14
• Child kidnapping with sexual intent.

For minor victims of abuse, one may file a civil lawsuit within:

• 35 years after the abuse
• 7 years after discovery of damages.

The clock can be tolled until the victim turns 18, meaning the 35 year period starts on the 18th birthday (age 53). On the other hand, adult victims of sexual abuse have up to 3 years to file a lawsuit, beginning from the last date of injury.

Massachusetts only takes up for unpaid child support, of which fundamental responsibility ends when the child turns 18, unless:

• The child is still dependent and living with the parent or,
• The child is between age 18-21

Generally, there is no statute of limitations on collecting back unpaid child support in Massachusetts, which can be eliminated through bankruptcy.