Massachusetts law

Personal Injury Laws in Massachusetts.

Massachusetts follows a modified comparative fault system with a 51% bar — you can recover only if your fault is not greater than 50%. The general statute of limitations for personal injury is 3 years. Massachusetts is a no-fault auto insurance state with a verbal threshold requiring serious injury (defined as medical expenses exceeding $2,000 or specific permanent/serious injuries) to sue in tort. Minimum auto liability limits are 20/40/5 with PIP coverage required.

Last verified: 2026-02-25

State law

Statute of Limitations

3 yearsM.G.L. c. 260, § 2A

Personal injury actions must be commenced within 3 years after the cause of action accrues.

Exceptions

Discovery Rule — 3 years from discoveryM.G.L. c. 260, § 2A (judicial interpretation)

When an injury could not reasonably have been discovered, the statute begins running from the date the plaintiff knew or should have known of the injury and its causal connection to the defendant.

Wrongful Death — 3 years from date of deathM.G.L. c. 229, § 2

Wrongful death actions must be commenced within 3 years of the date of death. Only the executor or administrator of the estate may bring the action.

Minors — 3 years after turning 18M.G.L. c. 260, § 7

If a person is a minor when the cause of action accrues, the statute is tolled until they reach the age of 18.

Government Claims (Massachusetts Tort Claims Act) — 3 years (with presentment within 2 years)M.G.L. c. 258, §§ 4-5

Claims against the Commonwealth or municipalities require written presentment within 2 years to the executive officer of the public employer. The lawsuit must then be filed within 3 years.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)M.G.L. c. 231, § 85

Massachusetts uses a modified comparative negligence system. A plaintiff can recover damages only if their fault does not exceed 50%. Recovery is reduced by the plaintiff's percentage of fault. If the plaintiff is 51% or more at fault, they recover nothing.

State law

Damage Caps

Compensatory Damages: No cap

Massachusetts does not cap compensatory damages (economic or non-economic) in general personal injury cases.

Punitive Damages: Generally not availableM.G.L. c. 229, § 2

Massachusetts generally does not allow punitive damages in tort actions, except in wrongful death cases where gross negligence is found, and under specific statutes like the consumer protection law (M.G.L. c. 93A).

State law

Auto Insurance System

No-FaultM.G.L. c. 90, § 34A; c. 231, § 6D

Massachusetts is a no-fault state. PIP coverage pays up to $8,000 for medical expenses and lost wages regardless of fault. To sue in tort, a plaintiff must show medical expenses exceeding $2,000 or a "serious" injury (death, loss of body member, permanent disfigurement, loss of sight/hearing, or fracture). Minimum liability limits are 20/40/5.

Tort Threshold

Medical expenses exceed $2,000 OR serious injury (death, dismemberment, disfigurement, loss of sight/hearing, fracture)

State law

Key Massachusetts Statutes

Joint and Several LiabilityCommon law (retained)

Massachusetts retains joint and several liability for economic damages. Each defendant found liable can be held responsible for the full amount of economic damages. Non-economic damages are allocated proportionally based on fault.

Wrongful Death DamagesM.G.L. c. 229, § 2

Wrongful death damages include fair compensation for loss of reasonably expected net income, loss of companionship and consortium, and punitive damages if grossly negligent. Minimum recovery of $5,000.

Dog Bite Strict LiabilityM.G.L. c. 140, § 155

Dog owners are strictly liable for injuries caused by their dogs. No "one-bite" rule — the victim does not need to prove the owner knew of the dog's dangerous propensity. Defense available if victim was trespassing or teasing/tormenting the dog.

State law

Official Sources

Massachusetts General Laws Massachusetts Trial Court

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Massachusetts.

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Personal Injury Laws in Massachusetts.

Statute of Limitations

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Damage Caps

Auto Insurance System

Key Massachusetts Statutes

Official Sources

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