Massachusetts: Minors, an Absent Defendant, and the 7-Year Cap

Massachusetts genuinely pauses its clock in real, specific circumstances — and just as genuinely refuses to pause it in others.

Minors: the clock waits for 18

Under M.G.L. c. 260, § 7, the statute of limitations clock for a minor's own standard injury claim doesn't begin running until their 18th birthday. In practice, this generally gives a minor until their 21st birthday — the three-year general deadline, counted from when they turn 18 — to bring a claim.

A defendant who leaves Massachusetts

Under M.G.L. c. 260, § 9, time that the at-fault person spends outside of Massachusetts after the incident generally doesn't count against the claimant's three years, pausing the clock for the period the defendant is absent from the state.

The medical malpractice discovery rule, and its hard outer limit

For medical malpractice specifically, the clock generally starts when the injury is discovered, or reasonably should have been discovered — not necessarily the date of the malpractice itself. But this discovery-friendly starting point doesn't run forever: a separate statute of repose sets an absolute outer limit of seven years from the date of the malpractice, regardless of when it was actually discovered.

What doesn't extend the clock

A genuinely important point: even a catastrophic injury — paralysis, amputation, a traumatic brain injury — doesn't get a longer deadline on its own. The same general three-year rule applies regardless of the injury's severity. And a genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Massachusetts's filing deadline. The clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.

Massachusetts discovery rule & tolling — frequently asked questions

How long does a minor have to file an injury claim in Massachusetts once they turn 18?

Under M.G.L. c. 260, § 7, the statute of limitations clock doesn't start running until a minor turns 18, generally giving them until their 21st birthday to file a standard injury claim.

Does Massachusetts toll the deadline if the defendant leaves the state?

Yes. Under M.G.L. c. 260, § 9, time the at-fault person spends outside of Massachusetts after the incident generally doesn't count against the claimant's three years.

What is the outer limit for a medical malpractice claim in Massachusetts, regardless of discovery?

Seven years from the date of the malpractice, under M.G.L. c. 260, § 4 — an absolute cap that applies even if the injury wasn't discovered until later.

Does a catastrophic injury get a longer deadline in Massachusetts?

No. Even cases involving catastrophic injuries, such as paralysis or traumatic brain injury, still follow the same general three-year statute of limitations.

Does negotiating with an insurance adjuster pause Massachusetts's statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on Massachusetts statute (M.G.L. c. 260, § 4, § 7, § 9), verified per our methodology. Whether tolling applies to a specific situation depends on its facts. Confirm with a licensed Massachusetts attorney before acting.