Boston, MA Personal Injury

How personal injury cases proceed under Massachusetts law

Massachusetts personal injury law is built on the negligence framework: duty, breach, causation, damages. A Boston resident injured by another's careless conduct typically proceeds under common-law negligence, often supplemented by specific statutes for specific contexts (auto, premises, medical, products). The same three-year clock under M.G.L. c. 260 sec. 2A applies to most claims, with certain narrow exceptions (medical malpractice has the same period plus a seven-year repose; claims against government entities under the Tort Claims Act have shorter notice requirements).

Modified comparative negligence under c. 231 sec. 85 is the dominant defense. Most Suffolk County personal injury cases involve some allocation of fault to the plaintiff, and the threshold issue is whether plaintiff's share exceeds 50%. Plaintiffs at 50% or less may still recover, with the award reduced proportionally. Plaintiffs at 51% or more recover nothing. This rule shapes how Boston cases are evaluated, settled, and tried.

Massachusetts statutes and case law

• M.G.L. c. 260 sec. 2A. Three-year statute of limitations for tort claims (auto, premises, products, medical except where otherwise specified).
• M.G.L. c. 231 sec. 85. Modified comparative negligence; 50%-bar rule applies to most personal injury matters.
• M.G.L. c. 229 sec. 2. Wrongful death statute; recoverable damages and three-year clock from date of death.
• M.G.L. c. 231 sec. 60B. Medical malpractice tribunal screening; required for any med-mal claim before merits proceed.
• M.G.L. c. 258. Massachusetts Tort Claims Act; claims against state and municipal entities require pre-suit presentation within two years.
• M.G.L. c. 152. Workers' compensation exclusivity; bars most tort claims against employers but permits third-party suits.

Common personal injury case patterns in Boston

1. Boston fall on dangerous premises (slip-and-fall, trip-and-fall, snow-and-ice): premises liability under Mounsey and Papadopoulos.
2. Defective product injury (toy, furniture, machinery, vehicle component): products liability with strict liability and warranty theories.
3. Workplace injury where third-party (contractor, equipment maker, vendor) caused harm: workers comp claim plus parallel tort suit.
4. Dog bite or animal attack in Boston: strict liability under M.G.L. c. 140 sec. 155 against the keeper or owner.
5. Negligent security at a Boston apartment, club, or business: liability where foreseeable third-party crime causes harm to invitee.

Typical timeline for a Boston personal injury matter

Initial intake through medical stabilization is the first six to twelve weeks. The Boston client gets evaluated, treatment begins, and the firm opens any first-party files (PIP for auto, medical insurance billing, workers' comp first-report-of-injury). Documentary evidence is preserved: photos, witness statements, incident reports, surveillance video subpoenas where available.

Pre-suit negotiation phase runs from medical-treatment plateau through settlement or filed-suit decision, typically months six through twelve. A demand letter sets out liability, damages, and available insurance. Most Suffolk County personal injury matters resolve in this window when liability is clear and treatment is documented.

Litigation phase runs from filed complaint through trial or pre-trial settlement, typically twelve to twenty-four months. Discovery, depositions, expert disclosures, and dispositive motions fill that window. Most filed cases still resolve before trial; about three to seven percent actually try to verdict in Suffolk County.

What can be recovered in a personal injury case

• Past and future medical expenses (treatment, surgery, therapy, prescriptions, durable medical equipment).
• Past lost wages and future lost earning capacity.
• Pain and suffering (physical pain, mental anguish, loss of life's enjoyment).
• Disfigurement and scarring (separate damages category in Massachusetts).
• Loss of consortium (spouse, child, parent claim where applicable).
• Punitive damages (rare in Massachusetts; available only by statute in specific contexts like wrongful death with gross negligence).

More questions Boston residents ask about personal injury

• What is the deadline to file a Boston personal injury claim?

  Most Massachusetts personal injury claims must be filed within three years of the injury under M.G.L. c. 260 sec. 2A. Some claims have shorter deadlines: claims against state or municipal entities under the Tort Claims Act require presentment within two years. Workers' compensation has its own notice and filing rules. The clock generally runs from the date of injury, but the discovery rule can extend it where the injury or its cause was not reasonably knowable at the time.

• How does Massachusetts comparative negligence affect my Boston case?

  Massachusetts uses modified comparative negligence with a 50% bar under c. 231 sec. 85. If your share of fault is 50% or less, you can still recover, but your award is reduced by your percentage of fault. For example, if a Suffolk County jury finds you 30% at fault and your damages are $100,000, you recover $70,000. If they find you 51% at fault, you recover nothing.

• Will I have to go to court for my Boston personal injury case?

  Most personal injury matters resolve through pre-suit negotiation. The Suffolk County matters that do require litigation typically take twelve to twenty-four months from filing, and most still settle before trial. About three to seven percent of filed personal injury cases in Massachusetts try to verdict. The decision to file suit is made jointly by the firm and client based on whether the at-fault carrier is offering a fair pre-suit resolution.

• What does it cost to hire Jim Glaser Law for a Boston personal injury case?

  The first telephone consultation is offered without charge. Personal injury matters accepted by the firm are handled on contingency, which means no attorney fee is owed unless and until the matter resolves with a recovery to the client. Case-related costs and expenses (medical-record requests, expert opinions, court filing fees, deposition costs) are addressed in the written fee agreement and are typically advanced by the firm and reimbursed from any recovery.

• What if my Boston injury was caused by a government entity?

  Claims against state or municipal entities in Massachusetts proceed under the Tort Claims Act, M.G.L. c. 258. The statute requires written presentment of the claim to the appropriate executive officer within two years of the injury, and limits recovery against state or municipal defendants to $100,000 per claimant. Specific notice procedures and shortened timelines make early counsel particularly important in cases involving public roads, sidewalks, schools, or transit.