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Massachusetts Personal Injury Overview
Personal injury law involves civil claims in which an individual is injured through the negligence, recklessness or intentional misconduct of another person, a company, or property owner. A personal injury lawsuit may arise from physical or emotional injuries. Personal injury law compensates individuals injured as a result of another’s negligence or intentional misconduct. Personal injury laws vary from state to state. If you believe you have a personal injury claim, you should contact a personal injury lawyer in Massachusetts to evaluate your claim.
Massachusetts follows a system using the modified comparative negligence – 51% rule. In states following a modified comparative fault – 51% rule, an injured party can only recover if it is determined that his or her fault in causing the injury does not reach 51%. If the injured party was 50% or less at fault, he or she may still recover damages. However, if a plaintiff’s fault reaches 51%, he or she recovers nothing. In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff’s fault was responsible for more than half of the accident, that plaintiff is barred from receiving any damages determined by the court. Here, as in a pure comparative negligence state, a plaintiff’s recovery is reduced by the degree of his or her fault. For example, if Debbie sued Dave for damages she suffered in a car accident involving their vehicles, and Debbie was 51% at fault, Debbie would not recover anything from Dave. If, however, Debbie was 40% at fault, she could recover damages, but the damage award would be reduced by her portion of the fault in causing the injury. Therefore, a finding that Debbie suffered $10,000 in damages would result in Debbie receiving an award reduced by 40%, or a final award of $6,000.
Click here to read about contributory vs. comparative negligence.
A statute of limitations is a type of law that restricts the period of time that a person may initiate legal proceedings. Time limits can vary depending on the type of case and the state where the particular cause of action occurred. To learn more about statutes of limitations, read our Statute of Limitations page. To see a state by state comparison chart for the personal injury statute of limitations for each state, read our Statute of Limitations for Personal Injury Actions page.
Massachusetts Statutes of Limitations
In Massachusetts, the courts follow the common law doctrine of joint and several liability, where each defendant is jointly and severally liable for the entire amount of the financial judgment. Any defendant named in the judgment is liable to the plaintiff for the entire amount, regardless of his or her share of the fault.
Click here for more about Joint and Several Liability.
One of the best ways to research personal injury lawyers in Massachusetts is to contact courts in MA and ask them for information about the personal injury attorneys who utilize their legal facilities when they bring personal injury cases to court. We have compiled a list below of some courts in Massachusetts to get you started:
Supreme Court
Supreme Judicial Court of Massachusetts
John Adams Courthouse
One Pemberton Square
Boston , MA 02108
617-557-1000
Court of Appeals
Massachusetts Appeals Court
John Adams Courthouse
One Pemberton Square
Boston, MA 02108
617-725-8106
Trial Courts
Boston Municipal Court
Edward W. Brooke Courthouse
24 New Chardon Street
Boston, MA 02114
617-788-8400
Housing Court Department
Edward W. Brooke Courthouse
24 New Chardon Street, 6th Floor
Boston, MA 02114-4703
617-788-6500
District Court Department
Administrative Office of the District Court
Suite 200
2 Center Plaza
Boston, MA 02108
617-788-8810
Juvenile Court Department
Administrative Office of the Juvenile Court
Three Center Plaza, Suite 520
Boston, MA 02108
617-788-6550
Land Court Department
Land Court
226 Causeway Street
Boston, MA 02114
617-788-7470
Probate & Family Court Department
Administrative Office of the Probate and Family Court
Suite 210
2 Center Plaza
Boston, MA 02108
617-788-6600
Barnstable Superior Court
3195 Main St.
P.O. Box 425
Barnstable, MA 02630
508-375-6684
Berkshire Superior Court
76 East Street
Pittsfield, MA 01201
413-499-7487
Bristol Superior Court
9 Court St.
Room 13
Taunton, MA 02780
508-823-6588
Dukes Superior Court
Courthouse
P.O. Box 1267
Main Street
Edgartown, MA 02539
508-627-4668
Essex Superior Court
34 Federal St.
Salem, MA 01970
978-744-5500
Franklin Superior Court
425 Main Street
P.O. Box 1573
Greenfield, MA 01302
413-774-5535
Hampden Superior Court
Hall of Justice
50 State Street
P.O. Box 559
Springfield, MA 01102-0559
413-735-6017
Hampshire Superior Court
P.O. Box 1119
15 Gothic Street
Northampton, MA 01061
413-584-5810 ext. 287
Middlesex Superior Court
40 Thorndike Street
Cambridge, MA 02141
617-494-4010
Nantucket Superior Court
16 Broad Street
P.O. Box 967
Nantucket, MA 02554
508-228-2559
Norfolk Superior Court
650 High Street
Dedham, MA 02026
781-326-1600
Plymouth Superior Court
Court St.
Plymouth, MA 02360
508-747-6911
Suffolk Superior Court
Suffolk County Courthouse, 14th Floor
Three Pemberton Square
Boston, MA 02108
617-788-8160
Worcester Superior Court
2 Main Street
Worcester, MA 0160
508-770-1899
