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Massachusetts
Personal
Injury Law
The following summary of Massachusetts personal injury laws and
theories of liability will help you understand important aspects of injury claims in
this state.
Massachusetts Statute of Limitations:
Personal
Injury: For general personal injury, 3 years.
Medical
Malpractice: 7 years
Products
Liability: 3 years
Caps on Personal Injury Awards in Massachusetts:
There is a personal injury cap of $500,000 for non-economic damages
in medical
malpractice cases.
Massachusetts Serious Injury Threshold:
There is a monetary threshold in Massachusetts of $2,000.00.
Massachusetts
is a no fault state and follows the modified comparative
fault-51% theory which means that if a plaintiff is 51% at fault or
more, they will be unable to recover anything.
Personal Injuries & Theories of Liability
Massachusetts:
Auto
Accidents:
When a party negligently operates his vehicle and a pedestrian,
passenger or another driver is injured as a result, the negligent
driver will be liable for the personal injury and/or property damage of
the victim.
Product
Liability:
Products must be free of defect before consumers are permitted to
purchase them. Products go through years of testing before they are
made available. For this reason, everyone in the chain of distribution
can be held strictly liable for damages that result from defective
products.
Workers'
Compensation:
Massachusetts is a compulsory state meaning that employers are required
to carry insurance in the event of workplace injury to compensate
employees for their lost wages, medical expenses and possible
settlements.
Wrongful
Death: In these cases, the defendant will be liable to the
estate of the victim in any situation in which the defendant's
negligence gave rise to the death of a victim.
Medical Malpractice Cases:
These cases arise where a medical professional has acted below the
standard of care required by the medical community. If a doctor, nurse,
or other health professional was negligent in their duties, they can be
held liable.
Slip and
Falls: Property ownership carries with it the responsibility
to maintain the property in a manner free of obvious dangerous
conditions or those that would be discovered upon reasonable
inspection. When an injury occurs due to the negligence of a property
owner, he or she will be liable for the damages that result.
For More
Information Check out these sites:
Official
Massachusetts State Website
Massachusetts
State Bar Association
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Injury Laws
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