Personal injury laws in Massachusetts give accident victims the right to hold negligent parties accountable and seek compensation for their losses. These laws apply to a wide range of cases, from car crashes to medical malpractice, and allow victims to pursue damages for medical expenses, lost income, and pain and suffering. Understanding how the system works is critical, since insurance companies often try to minimize claims or shift blame onto victims.
As Chris DiBella explains in The Injury Handbook, “The initial actions you take after an accident are crucial and can significantly impact the eventual outcome of your personal injury claim.”
Just as those early steps matter, having a skilled attorney by your side from the beginning can make all the difference in protecting your rights and maximizing your recovery. DiBella Law Injury and Accident Lawyers has been helping clients across Massachusetts for more than two decades. Our Boston personal injury and accident lawyers are prepared to support you through every stage of your case with the experience, resources, and compassion needed to protect your future.
What Qualifies as a Personal Injury in Massachusetts
In Massachusetts, a personal injury occurs when someone suffers physical, financial, or emotional harm because another person failed to act with reasonable care. Personal injury cases allow victims to hold negligent parties accountable and pursue compensation for their losses.
There are many different types of personal injuries and accidents, and each can impact your case in unique ways. Common examples include:
- Car accidents: Caused by negligent drivers or unsafe road conditions
- Truck crashes: Linked to driver fatigue, distraction, or overloaded vehicles
- Motorcycle accidents: Where visibility or right-of-way issues play a role
- Slip and fall incidents: Occurring on hazardous property
- Medical malpractice: When providers fail to meet the accepted standard of care
- Workplace injuries: From unsafe practices or defective equipment
At DiBella Law, we carefully evaluate every claim to determine how negligence contributed to the harm and what legal options are available to pursue full compensation.
Statute of Limitations for Personal Injury Claims
Massachusetts law sets strict deadlines for filing lawsuits after an accident. Under the Massachusetts personal injury statute of limitations, most claims must be filed within three years of the injury.
Chris DiBella explains the statute of limitations: “as a countdown clock. It starts ticking from the day you get injured or realize you’ve been harmed, and once time runs out, you can’t bring a lawsuit anymore.”
There are exceptions to this general rule. Minors usually have until three years after turning 18 to file a claim, and certain medical malpractice cases may extend the deadline if the injury was not immediately discovered. In auto accident cases, Massachusetts’s no-fault insurance system also requires injured drivers to meet specific thresholds before filing lawsuits for accident-related injuries.
While exceptions exist, acting quickly is the best way to preserve evidence, protect your rights, and keep your claim alive.
How Massachusetts’ Comparative Negligence Law Works
Allocation of fault is governed by Massachusetts’ comparative negligence law. You can still recover damages even if you share some blame, so long as your negligence is not greater than the combined negligence of the parties you’re suing, any award is then reduced by your percentage of fault.
For example, if a jury values your losses at $100,000 and assigns you 20 percent fault, your net recovery would be $80,000. If your damages are $200,000 and you’re found 35 percent at fault, you could recover $130,000. However, if your share of fault exceeds that of all defendants combined, you cannot recover.
As The Injury Handbook explains, “Having a clear understanding of how your own actions might impact your case, and having a savvy lawyer, can make a huge difference in how things turn out. It’s all about being prepared and knowing the rules of the game.”
Types of Compensation in Massachusetts Personal Injury Cases
Compensation in a Massachusetts personal injury case is intended to cover or relieve the impact an injury has on your work, daily life, and future. Common forms of compensation include:
- Medical expenses: ER visits, hospitalizations, surgery, imaging, prescriptions, medical devices, and travel, plus projected future treatment.
- Lost wages and earning capacity: Missed income, reduced hours, lost opportunities such as overtime or bonuses, and long-term limits on your ability to work.
- Pain and suffering: Non-economic losses tied to physical pain, activity limitations, and loss of enjoyment of life.
- Emotional distress: Anxiety, depression, sleep disruption, PTSD, and related treatment.
- Future care costs: Rehabilitation, home health aides, assistive tech, home and vehicle modifications.
The amount of compensation depends on the medical evidence, insurance limits, how fault is allocated, whether any portion of the recovery is taxable, and whether a child is involved or receiving the compensation. An experienced attorney will consider these factors when valuing and advocating for your claim.
How DiBella Law Supports Injury Victims in Massachusetts
When you’re hurt, the right team makes all the difference. For more than twenty years, DiBella Law has helped injured people across Massachusetts recover meaningful compensation, securing millions in settlements and verdicts, while keeping the process clear and responsive. From day one, we tailor our strategy to your injuries, your goals, and your timeline, a difference our clients consistently appreciate. We investigate thoroughly, build evidence, and negotiate hard with insurers.
As Chris DiBella explains, “Think of it like needing a specialist doctor for a specific health issue. You wouldn’t go to an eye doctor for a broken leg, right? In the same way, for personal injury cases, whether it’s a car wreck, a slip at the store, or a botched medical procedure, having a lawyer who’s an expert in personal injury law is crucial.”
If you or a loved one has been injured, our personal injury team is ready to stand up for you and pursue the compensation you deserve. Call 855-342-3552 (855-DiBella) or reach us through our online form for a free consultation.