Massachusetts Personal Injury Attorneys

At DearLegal, we connect you with experienced Massachusetts personal injury attorneys who understand the state’s 51% comparative fault bar, the no-fault auto regime (PIP) with the tort threshold, and the strict Massachusetts Tort Claims Act presentment rules. Whether your injury happened in Boston, Cambridge, Worcester, Springfield, or on I-90, I-93, or I-95, we’ll match you with the right attorney — at no cost to get started.

Three years from the date of injury under M.G.L. c. 260, § 2A. Wrongful death is three years from death (or from when the cause was discovered) under M.G.L. c. 229, § 2. Claims against public employers under the Massachusetts Tort Claims Act require written presentment within 2 years under M.G.L. c. 258, § 4.

Under M.G.L. c. 231, § 85, your recovery is reduced by your percentage of fault, but if your fault is greater than the combined fault of all defendants you recover nothing.

Auto, truck, and motorcycle crashes (with PIP and the tort threshold); slip-and-falls; ice and snow cases (Papadopoulos changed the framework); dog bites (strict liability under M.G.L. c. 140, § 155); defective products; medical malpractice (with tribunal screening under c. 231, § 60B); nursing home neglect; premises liability; negligent security; workplace third-party claims; and wrongful death.

You look at your own uninsured/underinsured motorist coverage, homeowner’s or commercial policies, and any vicarious-liability defendants. Massachusetts requires insurers to offer UM/UIM under M.G.L. c. 175, § 113L.

Most settle, but Suffolk, Middlesex, and Worcester county juries return real verdicts when liability is clear. Defense insurers know which firms try cases.

The Massachusetts Tort Claims Act applies. You must serve written presentment within 2 years on the executive officer of the public employer under M.G.L. c. 258, § 4. Damages are capped at $100,000 per claim against the Commonwealth and most public employers under § 2.

Massachusetts personal injury attorneys typically take cases on a contingency basis — no upfront cost, and they’re paid a percentage of the recovery only if they win. Typical fees range from 33% to 40% depending on whether the case settles or goes to trial. Case expenses are normally advanced by the firm.

Why Do You Need a Personal Injury Attorney in Massachusetts?

Massachusetts applies modified comparative fault with a 51% bar under M.G.L. c. 231, § 85 — recovery is barred if your fault is greater than the combined fault of all defendants. The standard PI SOL is three years under M.G.L. c. 260, § 2A. The Massachusetts Tort Claims Act (M.G.L. c. 258) requires presentment of claims against public employers within 2 years, and caps damages at $100,000 against the Commonwealth and most public employers per claim. Massachusetts is a no-fault auto state with PIP coverage under M.G.L. c. 90, § 34A, and tort recovery requires meeting the threshold under M.G.L. c. 231, § 6D. Massachusetts also generally does not allow punitive damages outside specific statutes — a major difference from many states.

When Do You Need a Personal Injury Attorney in Massachusetts?

Our network includes Massachusetts personal injury attorneys who handle every kind of case, including:

Types of Personal Injury Cases in Massachusetts

From the moment you connect with a Massachusetts personal injury attorney, they go to work protecting your claim. The most common case types we handle:

Treating the 51% bar as if apportionment doesn’t matter

Missing the 2-year Massachusetts Tort Claims Act presentment under c. 258, § 4

Pleading strict products liability rather than warranty under M.G.L. c. 106

Mismanaging PIP benefits and the tort threshold under M.G.L. c. 231, § 6D

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Treating the 51% bar as if apportionment doesn’t matter

Missing the 2-year Massachusetts Tort Claims Act presentment under c. 258, § 4

Pleading strict products liability rather than warranty under M.G.L. c. 106

Mismanaging PIP benefits and the tort threshold under M.G.L. c. 231, § 6D

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Common Massachusetts Personal Injury Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Massachusetts Personal Injury Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Personal injury attorneys in Massachusetts work on a contingency fee basis — typically 33% to 40% of the total recovery. Massachusetts’s no-punitive-damages rule (outside statutory carve-outs) and PIP coordination make case strategy distinctive. Case expenses are typically advanced by the firm and deducted from the final recovery.

What Can Your Massachusetts Personal Injury Compensation Include?

Economic Damages (No Cap in standard PI)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs — uncapped in standard PI cases. Public-employer claims capped at $100,000 under M.G.L. c. 258, § 2.

Non-Economic Damages (No Cap in standard PI)

Pain and suffering, emotional distress, loss of enjoyment — no statutory cap in standard PI. Medical malpractice non-economic cap of $500,000 (with serious-injury exceptions) under M.G.L. c. 231, § 60H.

Punitive Damages (Generally Unavailable)

Massachusetts generally does not allow punitive damages except where specifically authorized by statute (e.g., wrongful death under c. 229, § 2; Chapter 93A consumer protection; certain civil rights statutes). A major difference from most states.

Loss of Consortium

Recoverable by the uninjured spouse and (under Ferriter v. Daniel O’Connell’s Sons) by minor children for loss of parental consortium.

Wrongful Death

Recoverable under M.G.L. c. 229, § 2. Damages include loss of net income, loss of services, society, and companionship, and the deceased’s conscious pain and suffering. Punitive damages available for malice or gross negligence.

Chapter 93A Multiple Damages

Massachusetts-specific: M.G.L. c. 93A (consumer protection / insurance bad faith) allows multiple (2x–3x) damages and attorney fees in certain unfair-claim-handling cases, an important leverage tool.

!!!

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Massachusetts Personal Injury Attorneys

Why Do You Need a Personal Injury Attorney in Massachusetts?

When Do You Need a Personal Injury Attorney in Massachusetts?

Types of Personal Injury Cases in Massachusetts

Common Massachusetts Personal Injury Mistakes

How Much Do Massachusetts Personal Injury Attorneys Cost?

What Can Your Massachusetts Personal Injury Compensation Include?

Ready when you are.

Your help is just

a minute away.

Start your case

in minutes.