Personal Injury Statistics in Massachusetts
Understanding personal injury statistics in Massachusetts helps you benchmark your case value, understand the legal environment, and set realistic expectations for your claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$18,000 – $80,000
Average Settlement Range
Varies widely by injury severity and case type
Modified comparative fault (51% bar)
Fault System
Directly affects how damages are calculated
3 years
Statute of Limitations
Time to file from date of injury
No-Fault (PIP)
Auto Insurance System
Own insurer pays initial medical bills
Massachusetts Injury Cases — By the Numbers
62,000 cases/yr
PI Cases Filed Annually
$64,000
Average Settlement
$39,000
Median Settlement
49%
Plaintiff Trial Win Rate
18 mo
Avg. Time to Settle
Medical Malpractice
Top Injury Type
17 mo
Civil Court Backlog
33%
Avg. Contingency Fee
Key Facts About Massachusetts Injury Law
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.
Massachusetts Personal Injury Law Overview
Massachusetts operates a no-fault auto insurance system requiring PIP coverage, which pays initial medical expenses and partial lost wages regardless of who caused the accident. To pursue tort claims for pain and suffering, the injury must meet a $2,000 medical expense threshold or involve certain severe injury categories. Massachusetts applies modified comparative fault with a 51% bar for tort claims that pass the no-fault threshold. The statute of limitations is 3 years. Massachusetts courts, particularly in Suffolk County (Boston), handle a substantial volume of personal injury cases including medical malpractice at world-renowned teaching hospitals. The state caps medical malpractice noneconomic damages at $500,000 under M.G.L. c. 231 § 60H. Massachusetts has no general cap on compensatory damages in other personal injury cases. Chapter 93A consumer protection claims may provide additional remedies and attorney fees in cases involving bad faith insurance practices. Wrongful death claims are subject to the same 3-year limitation.