MA·State Guide
Personal Injury Law in Massachusetts
Key rules for personal injury claims in Massachusetts — statute of limitations, fault system, damage caps, insurance requirements, and government claim deadlines.
Key Points — Massachusetts
- 01Modified comparative fault — barred at 51%+ fault
- 02No-fault auto with $2,000 tort threshold
- 033-year statute of limitations
- 04Med mal non-economic cap at $500,000 with exceptions
Rules at a Glance
- Statute of Limitations
- 3 years from the date of injury
- Fault System
- Modified comparative fault (51% bar) — Massachusetts bars recovery if the injured person is 51% or more at fault.
- Damage Caps
- Medical malpractice non-economic damages capped at $500,000 with exceptions for severe disfigurement. No general PI cap.
- Government Notice Deadline
- Written presentment within 2 years to the government entity.
- Auto Insurance System
- No-fault — No-fault state with PIP ($8,000). Must meet tort threshold (reasonable and necessary medical expenses over $2,000, or serious injury) to sue.
- Minimum Liability Coverage
- 20/40/5.
- Workers' Comp Deadline
- Report as soon as practicable. File claim within 4 years.
Fault System in Massachusetts
Massachusetts bars recovery if the injured person is 51% or more at fault.
Auto Insurance in Massachusetts
Massachusetts is a no-fault state. No-fault state with PIP ($8,000). Must meet tort threshold (reasonable and necessary medical expenses over $2,000, or serious injury) to sue.
Minimum required liability coverage: 20/40/5..
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.