Modified Comparative Negligence (51% Bar)
Massachusetts follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
No Cap
No limit on non-economic damages
3 years for personal injury
Deadline to file your lawsuit
Massachusetts follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Additional research needed for specific cap amounts
$0
Based on reported cases in Massachusetts
24,659
Personal injury lawsuits per year
Massachusetts follows modified comparative negligence with a 51% bar rule. The McGuiggan v. New England Telephone (1986) case established important standards for premises liability.
Massachusetts has been significant in pharmaceutical litigation, with many biotech companies headquartered in the Boston area. Cases involving dangerous drugs and medical devices are common.
The Boston Marathon bombing litigation resulted in substantial claims against security companies and property owners for alleged negligence in preventing the 2013 attack.
Massachusetts personal injury cases are filed in Superior Court for larger claims or District Court for smaller matters. Suffolk County (Boston) and Middlesex County handle the most litigation.
Massachusetts follows the Massachusetts Rules of Civil Procedure. The state uses case management conferences and scheduling orders.
Massachusetts courts have Court-Annexed Mediation programs. Settlement conferences are common, and many judges actively facilitate resolution.
Massachusetts attorneys are licensed by the Massachusetts Board of Bar Overseers. Boston's sophisticated legal market offers many specialized personal injury attorneys.
The Massachusetts Academy of Trial Attorneys is the state's primary plaintiff attorney organization. Medical and pharmaceutical case experience is valuable.
Contingency fees typically range from 33-40%. Massachusetts caps medical malpractice damages at $500,000 for non-economic damages (with exceptions).
Massachusetts's statute of limitations for personal injury is 3 years under M.G.L. c. 260, § 2A. This applies to most negligence claims.
Medical malpractice has a 3-year statute of limitations with a 7-year statute of repose. Claims against Massachusetts government entities have a 2-year limit under the Massachusetts Tort Claims Act.
This calculator provides estimates only and is not legal advice. Laws in Massachusetts are complex and individual case results vary. Consult a licensed Massachusetts attorney for advice specific to your case.