statute of repose
You just got a letter that says your case is barred by the "statute of repose," even though you only recently learned how serious the harm was. That phrase means a hard legal cutoff that can wipe out a claim after a set number of years, usually measured from a specific event like a product sale, a construction project's completion, or a medical procedure. Unlike a statute of limitations, which often starts when an injury is discovered or should have been discovered, a statute of repose can expire before you ever know you have a case.
That makes it a trap. Defendants and insurers use it as a blunt defense because, once the repose period runs out, a court may dismiss the claim even if the evidence is strong and the injury is real. In an injury lawsuit, that can end a case early through a motion to dismiss or summary judgment.
Massachusetts has several repose rules that matter in serious injury cases. For medical malpractice, Massachusetts General Laws chapter 260, section 4 sets a 7-year statute of repose, with a limited foreign-object exception. For certain claims involving improvements to real property, chapter 260, section 2B imposes a 6-year repose period after opening or substantial completion. In a healthcare-heavy state where patients often move through major hospital systems, delayed answers are common - but the clock may not wait.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
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