Personal Injury Lawsuit in Massachusetts
Filing a personal injury lawsuit in Massachusetts is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
3 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
No-Fault
Auto System
$18,000 – $80,000
Avg Settlement
Lawsuit Steps in Massachusetts
Hire an Attorney
Most personal injury attorneys in Massachusetts work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Massachusetts court. You must file within 3 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Massachusetts court rules.
Key Massachusetts Law Facts
Massachusetts is a no-fault auto insurance state under M.G.L. c. 90 § 34M, requiring all drivers to carry personal injury protection (PIP) coverage of at least $8,000 that pays medical bills and 75% of lost wages regardless of fault.
Massachusetts uses modified comparative negligence under M.G.L. c. 231 § 85 with a 51% bar — plaintiffs who are found 51% or more at fault cannot recover damages, while those with lesser fault have their award proportionally reduced.
Personal injury claims must be filed within 3 years from the date of injury or discovery under M.G.L. c. 260 § 2A; claims against governmental entities require a formal presentment letter with strict procedural requirements before suit can be initiated.