Massachusetts Personal Injury Laws
Massachusetts uses a modified comparative fault system with a 51% bar and has no statutory cap on compensatory or non-economic damages in personal injury cases. The state's mandatory automobile insurance and no-fault PIP system affect how car accident claims are processed before a tort lawsuit can be filed. Boston is home to a highly active plaintiffs' bar, contributing to above-average settlement values.
Statute of Limitations
3 years
Fault Rule
Modified Comparative Fault (51% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (51% Bar)
You can recover damages only if you are less than 51% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in Massachusetts
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Massachusetts.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $25,000 |
| Slip and Fall | $21,000 |
| Dog Bite | $40,000 |
Key Massachusetts Personal Injury Statutes
- •Mass. Gen. Laws ch. 260, § 2A (statute of limitations)
- •Mass. Gen. Laws ch. 231, § 85 (modified comparative fault, 51% bar)
- •Mass. Gen. Laws ch. 140, § 155 (dog bite strict liability)
Damage Caps in Massachusetts
Massachusetts does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
Massachusetts does not have a specific medical malpractice damages cap.
Injury Claims in Massachusetts
Learn more about specific injury types and how Massachusetts law applies to each.
Major Cities in Massachusetts
Personal injury attorneys in Massachusetts serve clients in Boston, Worcester, Springfield, Cambridge, Lowell, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.