Massachusetts Personal Injury Laws

When an injury could not reasonably have been discovered, the statute begins running from the date the plaintiff knew or should have known of the injury and its causal connection to the defendant.

Wrongful death actions must be commenced within 3 years of the date of death. Only the executor or administrator of the estate may bring the action.

If a person is a minor when the cause of action accrues, the statute is tolled until they reach the age of 18.

Claims against the Commonwealth or municipalities require written presentment within 2 years to the executive officer of the public employer. The lawsuit must then be filed within 3 years.

Massachusetts does not cap compensatory damages (economic or non-economic) in general personal injury cases.

Massachusetts generally does not allow punitive damages in tort actions, except in wrongful death cases where gross negligence is found, and under specific statutes like the consumer protection law (M.G.L. c. 93A).

Massachusetts retains joint and several liability for economic damages. Each defendant found liable can be held responsible for the full amount of economic damages. Non-economic damages are allocated proportionally based on fault.

Wrongful death damages include fair compensation for loss of reasonably expected net income, loss of companionship and consortium, and punitive damages if grossly negligent. Minimum recovery of $5,000.

Dog owners are strictly liable for injuries caused by their dogs. No "one-bite" rule — the victim does not need to prove the owner knew of the dog's dangerous propensity. Defense available if victim was trespassing or teasing/tormenting the dog.