If you were injured in Massachusetts — in a car crash on Route 1, a fall at an Attleboro business, a dog attack in Taunton, or any accident caused by someone else’s negligence — the law gives you the right to pursue compensation from those responsible. Massachusetts personal injury law has its own rules that differ significantly from Rhode Island, and knowing those differences from the start determines how much you can recover and from whom.
At the Law Offices of Michael F. Campopiano, we represent injury victims across southeastern Massachusetts as well as Rhode Island. Michael F. Campopiano answers client calls directly, moves fast to preserve evidence, and does not settle for the first number on the table. Call us at (401) 288-3888 for a free consultation. You pay nothing unless we win.
$840,000
Settlement recovered for a client who required surgery following a serious accident — one of many significant MFC Law results across both Massachusetts and Rhode Island
No-Fault PIP State
Massachusetts is a no-fault state — your own Personal Injury Protection (PIP) coverage pays your first $8,000 in medical bills and lost wages regardless of who caused the crash
51% Bar
Massachusetts uses modified comparative negligence — if you were 51% or more at fault, you collect nothing. Below that threshold, your award is reduced by your fault percentage.
Massachusetts Personal Injury Law: What Every Victim Needs to Know
Massachusetts operates under a different set of rules than Rhode Island. Three distinctions in particular shape every personal injury case in the state: the no-fault PIP system, the modified comparative negligence standard, and the serious injury threshold required to sue in tort.
Massachusetts Is a No-Fault State — With a Critical Threshold to Sue
Under Massachusetts General Law c.90 §34M, Massachusetts requires all drivers to carry Personal Injury Protection (PIP) coverage of at least $8,000. After a car accident, your own PIP coverage pays your first $8,000 in medical bills and up to 75% of lost wages — regardless of who caused the crash. You do not need to establish fault to access this initial coverage.
However, to step outside the no-fault system and sue the at-fault driver directly for pain and suffering, you must meet the serious injury threshold under MGL c.231 §6D. You qualify to bring a tort claim if your case involves at least one of the following:
- Medical expenses exceeding $2,000 (not counting charges covered by a health insurer at a reduced rate)
- A fractured bone — including a chip fracture
- Substantial and permanent loss of a body function
- Permanent and serious disfigurement
- Loss of sight or hearing
- Death
Meeting the threshold is required to sue for pain and suffering, loss of consortium, and the full scope of non-economic damages. MFC Law evaluates the threshold in every Massachusetts car accident case from the initial consultation.
Massachusetts Modified Comparative Negligence: The 51% Bar
Massachusetts follows modified comparative negligence under MGL c.231 §85. This is fundamentally different from Rhode Island’s pure comparative negligence rule, and the difference is critical.
| Rhode Island — Pure Comparative | Massachusetts — Modified Comparative |
|---|---|
| You can recover at any fault level. 90% at fault? You still recover 10% of your damages. | You can recover only if your fault is 50% or less. At 51% or above, you collect nothing. |
| No cutoff. Recovery reduced proportionally at every fault level. | Hard bar at 51%. Below the bar, recovery is reduced by fault percentage. |
The 51% bar makes the fault percentage assigned by the insurer binary at the threshold: a victim assigned 50% fault recovers 50% of their damages; a victim assigned 51% fault recovers zero. Insurance companies in Massachusetts know this and routinely attempt to push fault assignments above 50% to eliminate claims entirely. MFC Law challenges inflated fault assignments with physical evidence, reconstruction, and aggressive negotiation.
Massachusetts Statute of Limitations: 3 Years
Massachusetts General Law c.260 §2A gives most personal injury victims three years from the date of injury to file a lawsuit. Key exceptions:
- Government claims: A formal presentment letter must be served on the relevant government entity within 2 years under MGL c.258 §4. This is a prerequisite to filing suit against any Massachusetts public employer.
- Wrongful death: Three years from the date of death under MGL c.229 §2.
- Minors: The limitations period is tolled until age 18, then the three-year clock starts.
As in Rhode Island, filing an insurance claim does not stop the statute of limitations. The lawsuit deadline runs independently of any settlement negotiation.
Massachusetts's 51% bar is the most critical threshold in every MA personal injury case.
One percentage point of fault can mean the difference between full recovery and zero recovery. MFC Law builds cases that control fault percentages from the start.
Massachusetts Practice Areas: Every Case We Handle
MFC Law represents injury victims across all eight major personal injury practice areas in Massachusetts. Every case is handled on a contingency fee — nothing upfront, nothing unless we win.
| Practice Area | What We Fight For |
|---|---|
| Car Accident | Massachusetts no-fault PIP covers the first $8,000 in medical bills. To sue for pain and suffering, your case must meet the serious injury threshold. We build every car accident case around that threshold from day one. |
| Slip & Fall | Massachusetts premises liability requires showing that the property owner knew or should have known about the dangerous condition. Comparative negligence can become a major issue, so we focus on notice, hazard history, and fault defense early. |
| Dog Bite | Massachusetts follows a strong dog owner liability framework. We focus on proving the incident clearly, preserving evidence, and showing the victim did not provoke the dog or trespass. |
| Motorcycle Accident | Motorcycle injury claims often face bias, blame-shifting, and visibility arguments. We counter those issues with liability analysis, injury proof, and evidence that protects the rider’s right to recover. |
| Premises Liability | Property owners in Massachusetts owe a duty of reasonable care to lawful visitors. We pursue claims involving negligent security, unsafe walkways, poor maintenance, building defects, and other preventable hazards. |
| Product Liability | Massachusetts recognizes claims involving defective design, manufacturing defects, and failure to warn. We develop these cases through product analysis, documentation, and causation evidence. |
| Pedestrian Accident | Pedestrian crashes often involve crosswalk disputes, visibility issues, and aggressive comparative fault arguments. We work to prove driver negligence and push back against blame placed on the injured person. |
| Uber & Lyft Accident | Rideshare injury claims depend heavily on app status, driver phase, and insurance layering. We identify the correct coverage structure quickly and pursue the full claim through the proper policy path. |
Massachusetts Service Area: Cities and Communities We Represent
MFC Law represents personal injury victims across southeastern Massachusetts, serving communities adjacent to our Rhode Island base and throughout the region. Our team is familiar with Massachusetts courts, local traffic patterns, and the specific accident conditions that generate claims in these communities.
Bristol County
- Attleboro
- Taunton
- Fall River
- New Bedford
- Brockton
- Seekonk
- Rehoboth
- Norton
- Easton
- Mansfield
- Raynham
- Dighton
- Swansea
- Somerset
- Westport
- Dartmouth
- Fairhaven
And all surrounding southeastern Massachusetts communities. If you were injured near the Rhode Island-Massachusetts border, call us — we practice on both sides.
RI vs. MA: Key Legal Differences That Affect Your Case
Clients who live or work near the Rhode Island-Massachusetts border are sometimes injured in one state while residing in the other. The governing law is almost always the law of the state where the accident occurred. Here is a side-by-side overview of the most important differences:
| Issue | Rhode Island | Massachusetts |
|---|---|---|
| Insurance System | At-fault - other driver's insurer pays | No-fault - your PIP covers first $8,000 |
| Pain & Suffering Threshold | None - sue from day one | Must meet serious injury threshold (>$2K medical or fracture) |
| Comparative Negligence | Pure - recover at any fault level | Modified - 51% or more fault = zero recovery |
| Standard Fault Recovery | Award reduced by your % - no cutoff | Award reduced by your % below 51% bar |
| Statute of Limitations | 3 years (personal injury) | 3 years (personal injury) |
| Government Claims | 60-day written notice to municipality | 2-year presentment under MGL c.258 §4 |
| Wrongful Death | 2 years from date of death | 3 years from date of death |
| UM/UIM Coverage | Required to be offered; can waive | Required to be offered; can waive |
What Compensation Is Available in a Massachusetts Personal Injury Case?
Massachusetts personal injury victims who meet the serious injury threshold (for car accidents) or who have a non-auto claim can pursue the full range of damages from those responsible:
Economic Damages
- Medical Expenses Above PIP: All medical costs beyond the initial $8,000 PIP benefit — hospitalization, surgery, specialist care, rehabilitation, and future treatment
- Lost Wages Above PIP: Income losses beyond what PIP covers at 75% of gross wages — includes full lost wage recovery once PIP is exhausted
- Future Medical Expenses: Projected lifetime medical costs for permanent or progressive conditions — see our page on future medical expenses in a personal injury claim
- Reduced Earning Capacity: Long-term income reduction caused by permanent injuries
- Property Damage: Vehicle repair or replacement and other property losses
Non-Economic Damages
- Pain and Suffering: Physical pain, emotional distress, and the impact on daily quality of life — available only after meeting the serious injury threshold in auto cases. See our page on how pain and suffering is calculated
- Loss of Enjoyment of Life: Activities, hobbies, and relationships you can no longer fully participate in because of your injuries
- Loss of Consortium: The impact of your injuries on your spouse or partner
Emotional Distress: Documented psychological harm including anxiety, depression, PTSD, and sleep disruption
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Real Stories. Real Results.
What truly impressed me was the amount of compensation I received. It's significantly more than what I got from other cases where I treated for twice as long, and those took much longer to resolve. The efficiency and effectiveness of this team are truly commendable.
Communication was top-notch throughout the entire process. I felt informed and involved every step of the way, and I was particularly pleased that I could reach out to Mike directly whenever I had questions. His accessibility made a world of difference and reassured me that I was in good hands.
If you're looking for a dedicated team that delivers results quickly and effectively, I highly recommend this firm. They exceeded my expectations, and I couldn't be happier with the outcome of my case!
I’m in a new whip, watch, kicks, it was the little jumpstart I needed to get me going. 5 months and I got it. Hit em up and be patient call every now and then and that’s it, be patient ock you’ll get paid.
Their team went above and beyond to ensure that I felt supported and informed every step of the way. They handled everything—from paperwork to negotiations—seamlessly, which completely eased my anxiety. What could have been an incredibly stressful and daunting lawsuit turned into a smooth and almost effortless process, thanks to their dedication and professionalism.
I was especially impressed with how they fought for my case. They didn’t settle for the first offer but instead pushed for what I truly deserved. In the end, they secured a settlement that was far beyond anything I ever expected. Their persistence and expertise showed me that I was in the best hands possible.
Lawsuits can be stressful, but Michael F. Campopiano and his team made the entire experience not only bearable but even empowering. If you’re looking for a legal team that genuinely cares, works tirelessly, and delivers outstanding results, look no further. I am so thankful for their help and would recommend them to anyone in need of legal representation. Thank you for everything!
Areas We Serve
- Throughout Rhode Island & Massachusetts, helping victims of personal injury get the care they deserve.
“When you choose us, you can be rest assured that you will receive personalized attention and a comprehensive legal strategy tailored to your unique circumstances. Our skilled lawyers will guide you through every step of the legal process, explaining your rights and options in clear, straightforward language.
We handle a wide range of personal injury cases, including car accidents, slip and falls, Dog Bite, and more. No matter the complexity of your case, we have the expertise and resources to fight for the compensation you deserve.”
Frequently Asked Questions: Massachusetts Personal Injury
1. Does Massachusetts have no-fault car insurance?
Yes. Massachusetts requires every driver to carry Personal Injury Protection (PIP) coverage of at least $8,000. Your own PIP coverage pays your first $8,000 in medical expenses and 75% of lost wages after an accident, regardless of fault. To sue the at-fault driver for pain and suffering, you must meet the serious injury threshold — generally more than $2,000 in medical expenses or a fractured bone.
2. What is the serious injury threshold in Massachusetts?
To bring a pain and suffering claim against an at-fault driver in Massachusetts, your case must involve at least one of: medical expenses exceeding $2,000 (not counting amounts written off by insurers), a fractured bone, substantial and permanent loss of a body function, permanent and serious disfigurement, or death. MFC Law evaluates threshold qualification in every Massachusetts car accident case.
3. What is Massachusetts modified comparative negligence?
Under MGL c.231 §85, if you were 51% or more at fault for the accident, you recover nothing. Below 51%, your award is reduced by your fault percentage. This is the 51% bar — the hard cutoff that makes fault percentages in Massachusetts cases binary at the threshold. MFC Law builds cases specifically to keep fault percentages below this line and challenges inflated assignments aggressively.
4. How long do I have to file a personal injury lawsuit in Massachusetts?
Three years from the date of injury for most claims under MGL c.260 §2A. Government entity claims require a 2-year presentment letter under MGL c.258 §4 before a lawsuit can be filed. Wrongful death carries a three-year deadline from the date of death. As in Rhode Island, an insurance claim does not pause the lawsuit deadline.
5. How is a Massachusetts accident case different from a Rhode Island case?
Three key differences: Massachusetts is no-fault with a PIP system; Rhode Island is at-fault with no PIP. Massachusetts uses modified comparative negligence with a 51% bar; Rhode Island uses pure comparative negligence with no cutoff. Massachusetts car accident victims must meet a serious injury threshold to sue for pain and suffering; Rhode Island car accident victims have no threshold. If you were injured near the border, the state where the accident occurred governs your case.
6. How much does it cost to hire a personal injury lawyer in Massachusetts?
Nothing upfront. MFC Law handles every Massachusetts personal injury case on a contingency fee — a percentage of what we recover, only if we win. No recovery means no attorney fee. The consultation is free.
What should I do immediately after an accident in Massachusetts?
- Call 911 and ensure a police report is filed at the scene
- Photograph the scene, vehicles, injuries, and road conditions
- Get witness names and contact information
- Seek medical attention the same day — your PIP benefit starts here, and the medical record is the foundation of your injury claim
- Notify your insurer to activate your PIP coverage
- Do not give a recorded statement to the other driver’s insurer before consulting an attorney
Call MFC Law at (401) 288-3888 — the consultation is free and timing matters
Why Choose the Law Offices of Michael F. Campopiano?
Why Choose the Law Offices of Michael F. Campopiano?
Founded in 2007, MFC Law has spent nearly two decades fighting for injury victims across Rhode Island and Massachusetts. Michael F. Campopiano built this firm on a simple belief: advocacy with compassion, when clients need it most. That means being accessible, honest, and relentless — Mike answers client calls directly, moves quickly to preserve evidence, and does not back down when insurance companies push back.
Our team speaks English, Spanish, and Portuguese, so every client feels fully understood and supported through every step of the process.
We have recovered millions for clients across both states — including an $840,000 surgery case, a $600,000 surgery settlement, a $500,000 Providence premises case, and a $285,000 slip and fall recovery. MFC Law knows Massachusetts courts, Massachusetts insurance practices, and how to build the cases that overcome the 51% modified comparative bar. See our full case results.
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Wherever you are, we’ll fight for your rights bringing justice to light.