Massachusetts Personal Injury Law Guide

Overview of Massachusetts Personal Injury Law

Massachusetts operates a no-fault auto insurance system requiring PIP coverage, which pays initial medical expenses and partial lost wages regardless of who caused the accident. To pursue tort claims for pain and suffering, the injury must meet a $2,000 medical expense threshold or involve certain severe injury categories. Massachusetts applies modified comparative fault with a 51% bar for tort claims that pass the no-fault threshold. The statute of limitations is 3 years. Massachusetts courts, particularly in Suffolk County (Boston), handle a substantial volume of personal injury cases including medical malpractice at world-renowned teaching hospitals. The state caps medical malpractice noneconomic damages at $500,000 under M.G.L. c. 231 § 60H. Massachusetts has no general cap on compensatory damages in other personal injury cases. Chapter 93A consumer protection claims may provide additional remedies and attorney fees in cases involving bad faith insurance practices. Wrongful death claims are subject to the same 3-year limitation.

Statute of Limitations in Massachusetts

In Massachusetts, you generally have 3 years from the date of your injury to file a personal injury lawsuit. Missing this deadline almost always results in your case being permanently dismissed, regardless of how strong your claim is.

Learn more: What is a Statute of Limitations?

Massachusetts Auto Insurance & Fault System

Massachusetts drivers must carry Personal Injury Protection (PIP) coverage. Minor injuries are handled through your own insurer first, without proving fault. You may only file a tort lawsuit against the at-fault driver after meeting the state's serious injury threshold.

Key Facts — Massachusetts Injury Law

• 1

  Massachusetts is a no-fault auto insurance state under M.G.L. c. 90 § 34M, requiring all drivers to carry personal injury protection (PIP) coverage of at least $8,000 that pays medical bills and 75% of lost wages regardless of fault.

• 2

  Massachusetts uses modified comparative negligence under M.G.L. c. 231 § 85 with a 51% bar — plaintiffs who are found 51% or more at fault cannot recover damages, while those with lesser fault have their award proportionally reduced.

• 3

  Personal injury claims must be filed within 3 years from the date of injury or discovery under M.G.L. c. 260 § 2A; claims against governmental entities require a formal presentment letter with strict procedural requirements before suit can be initiated.

Average Personal Injury Settlements in Massachusetts

Typical personal injury settlements in Massachusetts range from $18,000 – $80,000. The final amount depends heavily on injury severity, total medical costs, lost wages, and the clarity of liability. Cases that proceed to trial often yield higher verdicts but take significantly longer to resolve.