Accidents & Injuries in Massachusetts

Massachusetts General Laws Chapter 260, Section 2A provides a three-year statute of limitations for personal injury claims. For claims against government entities, Massachusetts Tort Claims Act (MGL Chapter 258, Section 4) requires a presentment letter to be sent to the government at least six months before filing suit, within the overall two-year period. Timing these government claim steps correctly is critical and complex.

Yes. Massachusetts requires personal injury protection (PIP) under MGL Chapter 90, Section 34A. Your PIP pays up to $8,000 for your medical expenses and lost wages after an accident, regardless of fault. To sue the at-fault driver for pain and suffering beyond PIP, your medical expenses must exceed $2,000 (the "serious injury" threshold) or you must have suffered a fracture, significant disfigurement, or similar serious harm.

Under MGL Chapter 231, Section 85, Massachusetts uses modified comparative fault with a 51% bar. If you are 50% or less at fault, you can recover damages reduced proportionally. If you are found 51% or more at fault, you are completely barred from recovering any compensation from the other party.

To pursue a pain and suffering claim against the at-fault driver beyond PIP, your medical expenses related to the accident must exceed $2,000, or you must have suffered a medically documented: bone fracture, significant disfigurement, loss of sight or hearing, or loss or permanent impairment of use of a body part. Minor soft tissue injuries covered by PIP typically do not meet this threshold.