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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.

by Rosa Tavares on 2026-03-23

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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