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★ Massachusetts · head & brain

Head & brain settlements
in Massachusetts.

By Reviewed by Abd Shanti, Founder9 min read

In Massachusetts an insurer that drags its feet on a clear claim can be liable under the consumer protection law. That was the second chapter of a brain injury case that began with a fight outside a Newbury Street restaurant and a $4.5 million verdict.

Facts that decide a head & brain claim in Massachusetts

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)
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
Your head & brain claim in Massachusetts. See the number for your own case.

FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

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★ MA · reported head & brain outcomes

What Massachusetts courts have awarded.

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

  • Chiulli v. Liberty Mutual Insurance
    Massachusetts Appeals Court · 2020
    $4.5 million federal verdict; insurer violated c. 93A

    An argument over a barstool at a Boston restaurant in 2008 spilled into the street and ended in blows that left Robert Chiulli with a traumatic brain injury. A federal jury found the restaurant operator and an associated company each 45% at fault and awarded about $4.5 million. In a separate case, the court found their insurer violated c. 93A for failing to settle once liability became reasonably clear.

  • Santiago v. Rich Products
    Massachusetts Appeals Court · 2017
    Defense verdict affirmed

    Kelvin Santiago suffered traumatic brain damage after choking on meatballs served in a Lowell public school cafeteria. After a seventeen day trial the jury found the meatball maker negligent but that its negligence was not a substantial contributing factor, and the Appeals Court affirmed.

★ MA · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Massachusetts.

  1. 1

    Settlement conduct can become its own claim. Chiulli shows an insurer can face c. 93A liability when it delays a fair offer after liability is reasonably clear.

  2. 2

    Causation is the hard part. Santiago proved negligence but lost because the jury was not persuaded it caused the brain injury.

  3. 3

    Several defendants can share fault. Chiulli’s federal jury split fault between two companies at 45% each.

★ 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 head & brain settlement in Massachusetts.

★ head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Massachusetts · you are hereModified comparative, 51% bar3 years from date of injury—
New HampshireModified comparative, 51% bar3 years from date of injuryNH · head & brain →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · head & brain →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · head & brain →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · head & brain →
Rhode IslandPure comparative negligence3 years from date of injuryRI · head & brain →
VermontModified comparative, 51% bar3 years from date of injuryVT · head & brain →
MichiganModified comparative, 51% bar3 years from date of injuryMI · head & brain →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · head & brain →
MontanaModified comparative, 51% bar3 years from date of injuryMT · head & brain →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · head & brain →
MississippiPure comparative negligence3 years from date of injuryMS · head & brain →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · head & brain →
★ MA · head & brain · 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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FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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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
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.