How long do I have to file a personal injury claim in Massachusetts?

In Massachusetts, the statute of limitations for most personal injury claims is 3 years. You must file your lawsuit within 3 years of the date of injury. Missing this deadline typically bars you from recovering any compensation.

Are there damage caps in Massachusetts personal injury cases?

In Massachusetts: No cap on most compensatory damages. These caps may affect how much you can recover, particularly for non-economic damages like pain and suffering.

What is the average personal injury settlement in Massachusetts?

Average personal injury settlements in Massachusetts range from approximately $70,000–$300,000 depending on injury type, liability, insurance coverage, and other case-specific factors.

Massachusetts Personal Injury Law — Statute of Limitations, Fault Rules & More

Q: What is the fault system in Massachusetts?

Massachusetts uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault in causing the accident.

3 years Filing deadline

51% bar Fault system

$70,000 Avg settlement (low)

5 Common case types

Overview of Personal Injury Law in Massachusetts

Massachusetts uses a modified comparative fault system with a 51% threshold. The state has no cap on most compensatory damages and is known for significant verdicts in medical malpractice and product liability cases.

This guide covers the most important rules for personal injury claims in Massachusetts, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Massachusetts attorney for your specific situation.

Key Massachusetts Personal Injury Statutes

M.G.L. c. 260 § 2A (SOL)

M.G.L. c. 231 § 85 (comparative fault)

M.G.L. c. 229 § 2 (wrongful death)

Most Common Personal Injury Cases in Massachusetts

Car Accidents

Medical Malpractice

Slip & Fall

Product Liability

Workplace Injury

Massachusetts Damages Caps & Average Settlements

Damages Rule No cap on most compensatory damages

Average Settlement $70,000–$300,000

Fault System Modified comparative fault (51% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Massachusetts.

Frequently Asked Questions — Massachusetts Injury Law

How long do I have to file a claim in Massachusetts?

In Massachusetts, you generally have 3 years to file a personal injury lawsuit from the date of injury. Key statute: M.G.L. c. 260 § 2A.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Massachusetts attorney to confirm your deadline.

What is Massachusetts's fault system?

Massachusetts uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.

Are there damage caps in Massachusetts?

Massachusetts damage rules: No cap on most compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Massachusetts?

Personal injury settlements in Massachusetts average approximately $70,000–$300,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

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Injured in Massachusetts? Get Help Now.

Personal injury laws in Massachusetts can be complex and deadlines are strict. A qualified Massachusetts personal injury attorney can evaluate your case for free — with no upfront costs.

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⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Massachusetts attorney for legal advice.