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A State Where Injury Law Reaches Well Beyond the Road

Massachusetts is best known for its no-fault auto insurance requirement, but that system governs one category of injury claims, not the whole field. Falls on icy sidewalks, medical errors, defective products, and injuries on someone else's property all proceed under Massachusetts's ordinary negligence rules, with no PIP threshold standing in the way. Big Auto Accident Attorneys helps injured people across Massachusetts identify which framework applies to their specific situation, rather than assuming every case runs through the no-fault system.

Types of Personal Injury Cases We Handle

Our Massachusetts caseload includes car, motorcycle, and commercial truck collisions, slip and fall injuries, especially during icy winter months, premises liability and negligent security, medical malpractice, harm from defective products, dog bites, wrongful death, and injuries involving a state agency or municipal employee.

Only the vehicle-related category runs through the no-fault threshold described below; every other type proceeds under Massachusetts's standard negligence framework from the outset, which often makes the path to compensation more direct.

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Massachusetts's No-Fault System, and When It Doesn't Apply

Massachusetts requires drivers to carry Personal Injury Protection coverage, meaning your own insurer typically pays initial medical costs and lost wages after a car accident, regardless of fault. You can pursue the at-fault driver directly once medical expenses exceed $2,000, or the injury involves death, loss of a body member, permanent and serious disfigurement or loss of sight or hearing. This threshold applies narrowly to motor vehicle accidents. It has no bearing on a fall, a medical malpractice claim, or a defective product case, which proceed under ordinary negligence rules regardless of dollar amount.

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How We Help Practice Areas

We handle serious injury cases nationwide. If you’ve been hurt, we can help.

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Car Accidents

Hit-and-run, drunk driving, rear-end, 
T-bone, and 15 more sub-types. The most common injury case in Phoenix.

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Motorcycle Accidents

Riders face bias from insurers and juries. We build cases that counter that bias and fight for full compensation.

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Truck Accidents

18-wheelers, semis, and commercial trucks cause catastrophic injuries. These cases require resources most firms don’t have.

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Rideshare Accidents

Uber and Lyft accidents involve complex insurance layers. We navigate the coverage maze so you don’t have to.

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Wrongful Death

When negligence takes a life, families deserve justice and financial security. We handle these cases with care and urgency.

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Commercial Vehicles

Delivery trucks, construction vehicles, and fleet accidents. Corporate defendants require aggressive legal strategy.

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Boating Accidents

Boating accidents involve unique maritime laws and liability rules. We navigate the complexities so you get the compensation you deserve.

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Dog Bites

Dog bites can mean serious injury, medical bills, and trauma. We hold negligent owners accountable so you can focus on healing.

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Massachusetts's Modified Comparative Fault Rule

Under Massachusetts General Laws Chapter 231, Section 85, you can recover compensation as long as you are not more than 50% at fault for what happened. Your award is reduced by your own percentage of responsibility, and fault of 51% or higher bars recovery entirely. This rule applies across every personal injury category, not just car accidents. If a jury assigns you 30% of the fault on $70,000 in damages, you would recover roughly $49,000.

How Long You Have to File

Massachusetts General Laws Chapter 260, Section 2A gives most personal injury claimants three years from the date of injury to file suit, and the clock generally starts once you knew or reasonably should have known the injury was connected to someone else's conduct. Claims involving a public employer move differently. Under the Massachusetts Tort Claims Act, written presentment must reach the responsible agency within two years, with damages against the government capped at $100,000 per claim, regardless of the underlying harm.

Let’s Work Together

If you are interested in co-counseling with Big Auto, we would like to hear from you. Reach out to our team to discuss current opportunities and how we can collaborate.

Filing a Claim Against a Public Employer

Chapter 258 of the Massachusetts General Laws requires anyone injured by a public employee acting within their job duties to formally present the claim in writing to the agency's executive officer within two years, and courts have consistently dismissed cases where this step was skipped or mailed late rather than received in time. The agency then has six months to respond before a lawsuit can proceed. Detailed filing instructions are available through the Massachusetts Attorney General's presentment claim process.

What Compensation Can Include

Compensation can include medical costs, lost income, reduced future earning capacity, property damage, and pain and suffering. Massachusetts does not cap these damages in standard negligence cases, though claims against a government entity are capped at $100,000 as noted above. How much a case is ultimately worth depends on the severity of the injury and how clearly the other party's fault can be shown, whether the underlying incident was a car accident, a fall, or a medical error.

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Steps to Take Following an Injury

Get medical care right away, and follow through on recommended treatment, since documentation matters for any injury claim, regardless of type. Request any official report available, whether that is a police report, a store or property incident report, or medical records tied to the harm. 

Photograph the scene, hazard, or vehicles before conditions change. Collect contact information from witnesses. Save every bill and record connected to your treatment. Speak with a personal injury attorney before signing anything from an insurer or opposing party.

Where These Claims Get Complicated

Massachusetts cases run into a few recurring issues: disputes over whether a vehicle injury actually clears the PIP threshold, fault percentages that hover close to the 50% cutoff across any case type, the separate and strictly enforced presentment deadline for public employer claims, and multiple potentially liable parties in cases involving commercial vehicles or property owners. Because the PIP threshold specifically catches people off guard, confirming early whether a vehicle-related case even qualifies to proceed beyond no-fault coverage is often the first practical step. However, it is only relevant to that one category.

How Big Auto Supports Clients in Massachusetts

We are not based in Massachusetts, but we regularly assist people across the full range of personal injury claims the state recognizes, not just auto accidents. Our process starts by identifying which legal framework applies, whether that is Massachusetts's no-fault threshold, standard negligence, or the separate presentment process for a government claim, and then builds the case accordingly. For general court procedures, the Massachusetts Court System's Self-Help Center offers public resources, though it cannot substitute for legal advice specific to your case.

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Why Choose Big Auto Accident Attorneys?

Massachusetts injury law covers far more than the no-fault system most people associate with a car accident here. We build every case around its actual legal category, whether that means clearing the PIP threshold, pursuing a standard negligence claim, or navigating a government presentment deadline, and we bring the resources of a firm operating nationwide to each one, at no upfront cost to you.

Contact Big Auto Accident Attorneys today to talk through your case in Massachusetts.

1 (844) BIG-AUTO

Frequently Asked Questions

How long do I have to file a personal injury claim in Massachusetts?

Generally, three years from the date of injury, though claims against a public employer require written presentment within two years under the Massachusetts Tort Claims Act.

Does Massachusetts's no-fault insurance apply to all injury claims?

No. It applies specifically to car accidents. Falls, medical malpractice, product injuries, and other claims proceed under standard negligence rules without a no-fault threshold.

What happens if I'm partly at fault for my own injury?

You can still recover compensation as long as you're found no more than 50% at fault, across any type of personal injury claim, not just car accidents.

Is a claim against a government employer handled differently?

Yes. It requires a formal written presentment within two years, a six-month waiting period for a response, and damages are capped at $100,000.

Would Big Auto take on a Massachusetts case?

We would, across the full range of personal injury categories the state recognizes, not just vehicle accidents.

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