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MA
★ US · Northeast

Personal injury in
Massachusetts.

By Reviewed by Abd Shanti, Founder7 min read

Massachusetts applies modified-51 comparative fault with a full no-fault auto scheme and a $500,000 medical-malpractice cap.

Massachusetts operates modified-51 comparative negligence. PIP is mandatory; tort recovery for pain and suffering is restricted to claims above the serious-injury threshold ($2,000 in reasonable medical expenses, or specified injury types like fracture or significant permanent scarring). The PI statute of limitations is three years. Medical malpractice has a $500,000 cap with charitable-institution and other exceptions.

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★ statute of limitations
3 years from date of injury

Mass. Gen. Laws ch. 260, § 2A

★ fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MA · statutory caps

What caps recovery.

Caps and ceilings imposed by Massachusetts law that bear on settlement values.

★ MA · key facts

What makes Massachusetts different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ MA · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Massachusetts law.

★ MA · court decisions

What Massachusetts courts have decided.

Reported Massachusetts decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ MA · rules that decide claims

The rules in Massachusetts.

Statutes and rulings that come up again and again in Massachusetts injury claims, each with its source.

Tort thresholdRecovery for pain and suffering in a motor vehicle case requires reasonable and necessary medical expenses over $2,000, unless the injury falls into one of five defined categories.G.L. c. 231, § 6D, as quoted in Lima v. Marshall (Mass. App. Ct. 2007)
Deadline to sueThree years: tort actions “shall be commenced only within three years next after the cause of action accrues.”G.L. c. 260, § 2A
Fault ruleYour negligence does not bar recovery if it “was not greater than the total amount of negligence attributable to” the defendants; the award is reduced by your share.G.L. c. 231, § 85, as quoted in Shantigar Foundation v. Bear Mountain Builders (Mass. 2004)
Seat belt useNot contributory negligence and not admissible as evidence in a civil action.G.L. c. 90, § 13A, in the MyClaimWorth seat belt chart
Fair trial limitsImproper argument by counsel, taken together, can require a new trial even when liability is admitted.Fyffe v. MBTA (Mass. App. Ct. 2014)
Claims against public bodiesWritten presentment within 2 years (30 days for road defects); damages capped at $100,000 per plaintiff.G.L. c. 258, §§ 2, 4; c. 84, § 18, in the MyClaimWorth notice of claim chart
Insurer delayAn insurer that fails to make a prompt, fair offer once liability is reasonably clear can be liable under G.L. c. 93A.Chiulli v. Liberty Mutual (Mass. App. Ct. 2020)
CausationA jury may find a defendant negligent yet not liable if the negligence was not a substantial contributing factor to the injury.Santiago v. Rich Products (Mass. App. Ct. 2017)
★ other US jurisdictions

Compare across United States.

How Massachusetts compares with its neighbours in the Northeast on fault rule and limitation period.

JurisdictionFault ruleLimitation
Massachusetts· you are hereModified comparative, 51% bar3 years from date of injury
Connecticut (CT)Modified comparative, 51% bar2 years from date of injury
Delaware (DE)Modified comparative, 51% bar2 years from date of injury
District of Columbia (DC)Pure contributory negligence3 years from date of injury
Maine (ME)Modified comparative, 50% bar6 years for personal injury, longest in the US
Maryland (MD)Pure contributory negligence3 years from date of injury
New Hampshire (NH)Modified comparative, 51% bar3 years from date of injury
New Jersey (NJ)Modified comparative, 51% bar2 years from date of injury
New York (NY)Pure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice
Pennsylvania (PA)Modified comparative, 51% bar2 years from date of injury
Rhode Island (RI)Pure comparative negligence3 years from date of injury
Vermont (VT)Modified comparative, 51% bar3 years from date of injury

Every United States jurisdiction compared

★ MA · frequently asked

Common questions.

Common questions about personal injury claims in Massachusetts, answered with the relevant statutory references.

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★ federal context
Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working
How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority
Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Massachusetts statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Massachusetts. See /methodology, /sources, and /disclaimer.