Personal Injury Lawyers in Massachusetts

Your rights in Massachusetts

Deadlines are the statute of limitations. Missing one usually bars the claim, so confirm the deadline that applies with a local attorney.

In Massachusetts, you generally have three years from the date of injury to file a personal injury lawsuit. Medical malpractice claims run three years from discovery, with a seven-year repose period. Wrongful death claims must be filed within three years of the date of death. Government claims require written presentment within two years and suit within three years. For minors, the clock generally starts at age 18. Massachusetts uses modified comparative negligence with a 51% bar: you recover if you are 50% or less at fault. For example, if you are 30% at fault on a $100,000 claim, you recover $70,000; at 51% or more fault, you recover nothing. There are no caps in standard injury cases, but medical malpractice non-economic damages are capped at $500,000 with exceptions. Auto insurance is no-fault: PIP applies and a threshold must be met to sue for pain and suffering.

What a claim is worth in Massachusetts

National ranges for context, not a Massachusetts average. Your case depends on your injuries, evidence, and insurance.

In Massachusetts, your share of fault directly changes claim value under the modified comparative negligence rule with a 51% bar: you recover if you are 50% or less at fault, and your percentage reduces your payout. Damage caps also matter: there are no caps in standard injury cases, but medical malpractice non-economic damages are capped at $500,000 with exceptions. Because auto insurance is no-fault, you generally must meet an injury threshold to claim pain and suffering. Generally, economic damages plus pain and suffering are calculated using a multiplier, often economic times 1.5 to 5, after you reach maximum medical improvement.

How a claim works in Massachusetts

After a Massachusetts injury, get medical care first and document the incident with photos, witness information, and a written account. Keep all medical records and bills. An attorney then sends a demand letter to the insurer outlining your injuries, liability, and damages. Insurance negotiation follows, where the adjuster may make an offer. If no fair offer comes, your attorney can file a lawsuit. Massachusetts's filing deadline is three years from the date of injury, so keep that date in mind throughout the process. Most cases resolve before trial, but filing preserves your rights.

Do you have a case?

To have a case in Massachusetts, you must show four negligence elements: duty, breach, causation, and damages. Duty means the other party owed you a reasonable standard of care. Breach is failing that duty. Causation links the breach to your injury. Damages are your actual losses. Massachusetts uses modified comparative negligence with a 51% bar: you recover if you are 50% or less at fault, and your percentage reduces recovery. At 51% or more fault, you recover nothing. Proving the other party's fault and minimizing your own share is central to a Massachusetts claim.

• DutySomeone owed you a reasonable standard of care.
• BreachThey failed that duty through action or neglect.
• CausationThat breach is what caused your injury.
• DamagesYou suffered real harm, from bills to lasting effects.