Statute of Limitations for Assault and Battery (intentional tort) in Massachusetts

7 min read

Published April 8, 2026 • By DocketMath Team

Overview

Massachusetts gives plaintiffs 6 years to bring an assault and battery claim under the general statute of limitations for personal actions, and the default rule for this intentional tort is Mass. Gen. Laws ch. 277, § 63.

Assault and battery claims in Massachusetts are usually analyzed as intentional tort claims, not as criminal charges. That means the filing deadline matters in civil court: if the limitations period expires, the claim is typically barred even if the underlying facts are strong. This page covers the default deadline, how the clock is usually measured, and the main exceptions that can change the result.

For a quick deadline check, you can use DocketMath’s statute of limitations tool to estimate the filing window from the incident date.

Limitation period

Massachusetts uses a 6-year statute of limitations for assault and battery claims in the absence of a more specific rule.

Here is the practical rule:

ItemMassachusetts rule
Claim typeAssault and battery (intentional tort)
Default limitation period6 years
General statuteMass. Gen. Laws ch. 277, § 63
Claim-type-specific sub-ruleNone found; use the general/default period

The clock usually starts on the date the injury-producing act occurred. For a straightforward assault or battery, that is often the same day as the incident. If there were multiple separate incidents, each act may have its own filing deadline.

A useful way to think about the calculation:

  • Incident on June 1, 2020
  • Deadline on or about June 1, 2026
  • Filing after that date is generally too late

Because assault and battery claims can overlap with other theories, the exact deadline may depend on what is being alleged. For example, a claim for medical injury, false imprisonment, or negligence may be governed by a different limitations rule. This page, however, covers the intentional tort assault and battery deadline only.

Note: The Massachusetts rule here is the general 6-year period. No assault-and-battery-specific shorter or longer sub-rule was identified for this reference page, so the default period controls.

Key exceptions

Massachusetts does not apply a special assault-and-battery-specific carveout in the data used for this page, but several common doctrines can still affect whether a claim is timely.

Does the deadline ever start later than the incident date?

Yes, in some situations the filing period can be affected by tolling or accrual issues, but the ordinary rule is that the clock begins when the tort occurs. If the facts involve concealment, delayed discovery of a different injury, or multiple events over time, the date used by the calculator may change the result.

What can extend or pause the deadline?

Common factors that may alter the filing window include:

  • Minor plaintiff: A plaintiff under disability may receive tolling protection under Massachusetts limitations law.
  • Incapacity or legal disability: A court may treat the clock differently if the claimant could not legally act for a period of time.
  • Multiple incidents: Separate assaults or batteries can produce separate deadlines.
  • Ongoing conduct: Repeated, distinct acts are not the same as one long event; each act may need its own date.
  • Different claim labels: A related claim may use a different statute of limitations even if it arises from the same encounter.

What happens if you file late?

If the claim is filed after the limitations period expires, the defendant can raise the statute of limitations as an affirmative defense. In practice, that can lead to dismissal at an early stage if the dates are clear from the complaint and court record.

What should you enter into a calculator?

For the most accurate estimate, use the date of the alleged assault or battery as the starting point. If there were multiple events, use the date of the latest separate incident only if you are evaluating that later act specifically. A calculator output is only as good as the date you provide.

Checklist for a cleaner result:

Pitfall: Don’t assume every injury from the same confrontation shares one deadline. In Massachusetts, distinct acts can carry distinct limitation periods, and that can change the result by years.

Statute citation

The governing citation for the general Massachusetts limitation period used here is Mass. Gen. Laws ch. 277, § 63.

That statute is cited here because the jurisdiction data supplied for this page identifies it as the controlling general/default authority for the 6-year period applicable to assault and battery claims in this reference context. When you are checking a deadline, the citation matters for two reasons:

  1. It identifies the controlling source of the limitations period.
  2. It helps distinguish the assault-and-battery rule from other Massachusetts time limits that may apply to different causes of action.

A practical citation table:

QuestionAnswer
What statute sets the general period?Mass. Gen. Laws ch. 277, § 63
What is the period?6 years
Is there a claim-specific sub-rule for this page?No

If you are building a filing timeline, use the statute citation together with the incident date, then compare the result to the court filing date.

Use the calculator

DocketMath’s statute of limitations tool helps estimate whether a Massachusetts assault and battery claim falls inside the 6-year filing window.

The calculator is most useful when you need a fast, date-based answer. It takes the incident date and outputs the expected deadline using the jurisdiction’s default rule. For this Massachusetts page, that means the output is generally based on a 6-year period unless another claim-specific rule applies.

What inputs matter?

Typical inputs include:

  • Jurisdiction: Massachusetts
  • Claim type: Assault and battery
  • Incident date: The day the alleged conduct happened
  • Filing date: The date the complaint was or will be filed

How the output changes

Small date differences can matter a lot. For example:

Incident date6-year deadlineEffect on filing
January 10, 2019January 10, 2025Filing on January 9, 2025 is timely; January 11, 2025 is late
August 3, 2021August 3, 2027Filing before August 3, 2027 is within the period
December 31, 2020December 31, 2026New Year’s filings can flip the result

Best practice for using the tool

  • Enter the earliest legally relevant incident date if you are checking a single event.
  • Use separate calculations for separate incidents.
  • Verify whether any tolling facts apply before relying on the output.
  • Cross-check the result against the six-year rule from Mass. Gen. Laws ch. 277, § 63.

If you need a fast starting point, the calculator gives you that date comparison in seconds. For a broader research view, compare the result with the related materials below.

Related reading

Sources and references

Start with the primary authority for Massachusetts and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

Related reading