Massachusetts Personal Injury Law Resources

Massachusetts presents a complex personal injury landscape shaped by its no-fault auto insurance system, modified comparative fault with a 51% bar, and several distinctive features including one of the nation's lowest government liability caps ($100,000) and a unique $20,000 cap on claims against charitable organizations which includes many hospitals. The state recently enacted significant auto insurance increases effective July 1, 2025, raising bodily injury minimums from 20/40 to 25/50 and property damage from $5,000 to $30,000. Massachusetts imposes no general caps on compensatory or punitive damages in standard personal injury cases but caps medical malpractice non-economic damages at $500,000 with exceptions for severe injuries.

Statute of Limitations

General Personal Injury THREE Years

Massachusetts provides a three-year statute of limitations for most personal injury claims under Mass. Gen. Laws Ch. 260, § 2A. This applies to most negligence-based claims including motor vehicle accidents, slip-and-fall injuries, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Three years from the date of death.

Medical malpractice: Three years from the date of discovery of the malpractice, or when it should have been discovered. A seven-year statute of repose bars all claims filed more than seven years after the alleged malpractice, regardless of discovery, except in cases where a foreign object was left inside the body.

Product liability: Three years from the date of injury.

Property damage: Three years from the date of damage.

Government Claims Special Rules

Claims against the state or municipalities under the Massachusetts Tort Claims Act (MTCA) (Mass. Gen. Laws Ch. 258) require a written presentment of claim to the responsible agency within two years of the incident. The MTCA imposes a $100,000 cap on damages per claim (discussed below).

Roadway defect claims have an extremely short notice period just 30 days from the date of injury or damage and are filed under a separate statute from the general MTCA.

Tolling

The statute is tolled for minors (until age 18) and persons with mental disability. The discovery rule may apply when the injury was not immediately apparent.

Modified Comparative Fault (51% Bar)

Massachusetts follows a modified comparative fault rule under Mass. Gen. Laws Ch. 231, § 85. A plaintiff can recover damages only if their percentage of fault is not greater than the combined fault of all defendants. In practical terms, a plaintiff who is 51% or more at fault is completely barred from recovery.

When the plaintiff's fault is 50% or less, damages are reduced proportionally by the plaintiff's percentage of fault. This rule is applied by juries at trial and also influences insurance settlement negotiations.

Damage Caps

No General Cap on Compensatory Damages

Massachusetts does not cap economic or non-economic damages in standard personal injury cases. There is no statutory limit on medical expenses, lost wages, pain and suffering, or other compensatory damages in auto accident, premises liability, product liability, or general negligence cases.

Medical Malpractice $500,000 Non-Economic Cap (With Exceptions)

Under Mass. Gen. Laws Ch. 231, § 60H, non-economic damages in medical malpractice cases are capped at $500,000. However, the cap can be exceeded if the court or jury finds:

• Substantial or permanent loss of a bodily function
• Substantial disfigurement
• Other special circumstances that would make the cap unjust

Economic damages (medical bills, lost wages, lost earning capacity) are not capped in malpractice cases. All medical malpractice claims must go through a tribunal screening process after filing.

Charitable Organization Cap $20,000

Massachusetts imposes a uniquely low $20,000 cap on damages against charitable organizations under Mass. Gen. Laws Ch. 231, § 85K. Many Massachusetts hospitals are legally classified as charitable organizations and are protected by this cap. However, the cap does not protect individual employees a negligent physician at a charitable hospital can still be held liable individually without the $20,000 limit.

Government Liability $100,000 Cap

Under the Massachusetts Tort Claims Act, government liability is capped at $100,000 per claim. No punitive damages or pre-judgment interest are available against the government. An exception exists for serious bodily injury claims against the Massachusetts Bay Transportation Authority (MBTA), which have no statutory cap.

Punitive Damages Generally Not Available

Massachusetts is cautious about punitive damages. They are generally not available in standard negligence cases. Punitive damages are permitted in wrongful death cases where the death was caused by gross negligence, willful, wanton, or reckless conduct, and in certain other statutory contexts. When available, courts have guided punitive damages to not exceed ratios of approximately 9-to-1 relative to compensatory damages.

Dog Bite Strict Liability

Massachusetts imposes strict liability on dog owners for injuries caused by their dogs, regardless of the dog's prior history, unless the victim was trespassing, teasing, tormenting, or abusing the dog.

Auto Insurance Requirements No-Fault State

Massachusetts is a no-fault auto insurance state. Injured drivers first turn to their own PIP (Personal Injury Protection) insurance for medical expenses and lost wages, regardless of who caused the accident.

MAJOR Insurance Minimum Changes Effective July 1, 2025

Massachusetts enacted House Bill 5111, significantly increasing minimum coverage requirements for policies renewed on or after July 1, 2025:

NEW minimums (effective July 1, 2025) 25/50/30:

• $25,000 per person for bodily injury (was $20,000)
• $50,000 per accident for bodily injury (was $40,000)
• $30,000 per accident for property damage (was $5,000 a massive increase)

Previous minimums (pre-July 2025) 20/40/5:

• $20,000 per person for bodily injury
• $40,000 per accident for bodily injury
• $5,000 per accident for property damage

Mandatory PIP Coverage

Personal Injury Protection (PIP) mandatory for all Massachusetts drivers:

• Up to $8,000 per person per accident for medical expenses, lost wages, and replacement services
• PIP pays the first $2,000 in medical expenses; remaining medical costs are covered by health insurance, with PIP picking up co-pays, deductibles, and uncovered care up to the $8,000 total
• Coverage applies regardless of fault
• Does not apply to motorcycles

Mandatory Uninsured/Underinsured Motorist (UM/UIM)

Required at minimums matching bodily injury liability: $25,000 per person / $50,000 per accident (effective July 1, 2025).

Tort Threshold When No-Fault Drivers Can Sue

To step outside the no-fault system and sue the at-fault driver, the plaintiff must meet one of these thresholds:

• Reasonable medical expenses exceeding $2,000, or
• Serious injury: death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or a fracture

If the threshold is met, the plaintiff can pursue a full personal injury claim for all damages including pain and suffering.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Massachusetts are filed in Superior Court (cases over $50,000) or District Court (smaller cases). Massachusetts has 14 counties. Venue is generally proper in the county where the plaintiff resides, where the defendant resides, or where the cause of action arose.

Small Claims handles cases up to $7,000.

Suffolk County (Boston), Middlesex County (Cambridge/Lowell), Worcester County, and Norfolk County handle the highest volume of personal injury litigation and tend to produce the largest verdicts.

Common Types of Personal Injury Cases in Massachusetts

Massachusetts's dense population, extensive highway and transit systems, harsh winters, major healthcare infrastructure, and historic built environment generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-93, I-90/Mass Pike, Route 128, and the congested Greater Boston road network), MBTA transit accidents (subway, commuter rail, bus), motorcycle injuries, pedestrian and bicycle accidents (especially in Boston, Cambridge, and college towns), premises liability (including snow and ice claims Massachusetts has specific rules for commercial and residential property), medical malpractice (the state is home to major academic medical centers), product liability, construction accidents, workplace injuries, wrongful death, dog bites (strict liability state), nursing home abuse and neglect, boating accidents, and ski/snowboard injuries. Winter weather particularly ice and snow generates significant slip-and-fall litigation throughout the state.

This page provides general legal information about Massachusetts personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Massachusetts to discuss the specific facts of your case.