A Claim Against the Government
G.L. c. 258, § 4 — a written claim within two years, and suit within three
A civil action under the Massachusetts tort claims chapter may not be started against a public employer unless the claim was first presented in writing to its executive officer within two years after the cause of action arose, and was finally denied in writing.
Who handles this in Massachusetts: legal aid programs and lawyer referral, listed in the Massachusetts directory.
An executive officer who does not deny the claim in writing within six months after it is presented is treated as having finally denied it.
Three years at most. No civil action is brought more than three years after the cause of action accrued. Claims relating to the sexual abuse of a minor follow their own section and need no presentment.
Who the executive officer of a particular public employer is, and the rules the section adds for a city or town, are questions for a licensed Massachusetts attorney.
Sources for this section (1)
- G.L. c. 258, § 4 — Presentment of claims; time for commencing action
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.