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★ Massachusetts · back & spine

Back & spine settlements
in Massachusetts.

By Reviewed by Abd Shanti, Founder9 min read

A Massachusetts jury awarded $1.228 million to a gate agent whose neck and back were hurt when two MBTA trolleys collided. The Appeals Court threw out the verdict because of her lawyer’s conduct at trial.

Facts that decide a back & spine claim in Massachusetts

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
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
united states · sister site
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★ MA · reported back & spine outcomes

What Massachusetts courts have awarded.

Real Massachusetts decisions and verdicts, each linked to the court record or official report.

  • Fyffe v. Massachusetts Bay Transportation Authority
    Massachusetts Appeals Court · 2014
    $1.228 million verdict vacated, new trial

    Colleen Fyffe was riding a trolley in 2009 when it struck another; her rear facing seat snapped her neck backwards. She had cervical and lumbar injuries, $20,309.66 in medical bills, and could not return to lifting bags as a Delta gate agent, where she had earned $32,781. The MBTA admitted its operator was negligent, and the jury awarded $1.228 million. The Appeals Court vacated the judgment because plaintiff’s counsel repeatedly referred to a texting crash and made other improper arguments.

★ MA · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Massachusetts.

  1. 1

    Lost earning capacity drives a back injury verdict. Fyffe’s case rested on the gap between her airline job and her later restaurant earnings of $15,479 a year.

  2. 2

    Keep the trial clean. The jury’s $1.228 million award was lost on appeal because counsel pressed arguments the judge had excluded, not because the injury was doubted.

  3. 3

    Claims against public transit and other public bodies face a presentment deadline and a damages cap, so check which rules apply before valuing the case.

★ MA · statute of limitations
3 years from date of injury

Mass. Gen. Laws ch. 260, § 2A

★ MA · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MA · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Massachusetts.

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Massachusetts's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Massachusetts · you are hereModified comparative, 51% bar3 years from date of injury—
New HampshireModified comparative, 51% bar3 years from date of injuryNH · back & spine →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · back & spine →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · back & spine →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · back & spine →
Rhode IslandPure comparative negligence3 years from date of injuryRI · back & spine →
VermontModified comparative, 51% bar3 years from date of injuryVT · back & spine →
MichiganModified comparative, 51% bar3 years from date of injuryMI · back & spine →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · back & spine →
MontanaModified comparative, 51% bar3 years from date of injuryMT · back & spine →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · back & spine →
MississippiPure comparative negligence3 years from date of injuryMS · back & spine →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · back & spine →
★ MA · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
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Sources

Checked 2026-09-28.

★ all of MA
Massachusetts overview

Fault rule, statute, caps, and key facts for Massachusetts as a whole.

★ national frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Massachusetts. See /methodology, /sources, and /disclaimer.