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Massachusetts Injury Claim Rules

Rules cited to Massachusetts’s statutes and case lawRules checked How we calculate

Fault rule51% barYou recover if you are 50% or less at fault. The award is cut by your share.Mass. Gen. Laws ch. 231, § 85
Filing deadline3 yearsFrom the date of the injury.Mass. Gen. Laws ch. 260, § 2A
Minimum insurance25/50/30Per person, per crash, property. Massachusetts is a no-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

Massachusetts personal injury settlementAny injury someone else caused, valued under your state’s fault rule.Massachusetts car accident settlementInjury value plus your vehicle claim, with policy limits and no-fault rules.Massachusetts truck accident settlementCommercial policies carry far higher limits. See what that changes.Massachusetts motorcycle accident settlementSevere-injury ranges, fault disputes and the rider’s own coverage.Massachusetts pedestrian accident settlementHit on foot, including crosswalk fault and your own auto coverage.Massachusetts bicycle accident settlementCyclist claims under your state’s fault rule.Massachusetts rideshare accident settlementUber and Lyft layered coverage, by the driver’s app status.Massachusetts slip and fall settlementPremises claims, where proving the owner knew is half the case.Massachusetts dog bite settlementStrict-liability and one-bite states, and the homeowner’s policy that pays.Massachusetts wrongful death settlementLost support, household services and companionship, valued today.Massachusetts pain and sufferingCompare the multiplier and per-diem methods side by side.Massachusetts settlement offer checkerPlace an insurer’s offer inside your state’s range.Massachusetts demand letterA ready-to-edit demand letter for the insurance adjuster.Massachusetts filing deadlineYour last day to file an injury lawsuit, by state and claim type.Massachusetts comparative faultHow your share of fault changes the award under your state’s rule.Massachusetts policy limits and um/uim gapWhen the other driver’s policy runs out, and what your own covers.Massachusetts no-fault and pipPIP benefits in the 12 no-fault states, and when you can sue.

This page collects the rules that decide what an injury claim is worth in Massachusetts: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Massachusetts is a no-fault state, so car crash claims start with your own PIP coverage. 51% bar decides how fault affects everything else.

Massachusetts injury claim rules

Fault. Massachusetts uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up.

Filing deadlines. You have three years from the injury to file a personal injury lawsuit. Families have three years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. Massachusetts is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to $8,000, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need $2,000 in reasonable medical bills, or a fracture, permanent and serious disfigurement, loss of sight or hearing, or death. Liability minimums are 25/50/30.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. Owners and keepers are strictly liable for any damage their dog causes, unless the victim was trespassing, committing a crime or teasing the dog.

Massachusetts injury claim questions

Can I still get a settlement in Massachusetts if I was partly at fault?

Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.

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

three years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does Massachusetts cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.