statute of repose
How can a lawsuit be too late even if you only recently found out what caused the harm? A statute of repose is a hard cutoff that can erase the right to sue after a set number of years, measured from a specific event like a building's completion or a medical provider's act. Unlike a statute of limitations, which usually starts when an injury is discovered or reasonably should have been discovered, a statute of repose can bar a claim even when the damage shows up later.
That matters because serious injuries are not always obvious right away. A worker may breathe in harmful dust for years before getting sick. A driver hurt in a crash on Route 24 may discover later that road design or construction work played a role. If a statute of repose applies, waiting can permanently shut the courthouse door, no matter how strong the evidence is.
In Massachusetts, one major example is General Laws c. 260, § 2B, which sets a 6-year statute of repose for claims arising from deficiencies in the design, planning, construction, or general administration of an improvement to real property. Massachusetts also has a 7-year medical malpractice repose period under G.L. c. 231, § 60D. These deadlines are strict. If your injury may involve construction or medical care, quick action can protect your claim before it disappears.
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
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