Massachusetts Personal Injury FAQs by Case Type
NO WIN. NO FEE. GUARANTEED.
Personal injury law in Massachusetts works differently from Rhode Island — a no-fault PIP system, a serious-injury threshold for pain and suffering, and a 51% modified comparative negligence bar. Below are the questions we hear most for each type of case, answered under Massachusetts law. Injured in Rhode Island? See our Rhode Island Personal Injury FAQ, or browse our full Personal Injury FAQ.
If your question isn’t here, call (401) 288-3888 — the consultation is free and you pay nothing unless we win.
Car Accident FAQs (Massachusetts)
Is Massachusetts a no-fault state for car accidents?
Yes. Massachusetts requires Personal Injury Protection (PIP) of at least $8,000 (MGL c.90 § 34M). After a crash, your own PIP pays your first medical bills and a portion of lost wages regardless of who was at fault, before any claim against the other driver.
When can I sue the at-fault driver for pain and suffering in Massachusetts?
Only if you meet the serious injury threshold (MGL c.231 § 6D): medical expenses over $2,000, or a broken bone, permanent disfigurement, or substantial loss of sight or hearing. Meet it and you can pursue the at-fault driver for full pain and suffering.
How does PIP work and who pays my medical bills first?
Your own PIP pays the first $8,000 of medical bills and 75% of lost wages regardless of fault. PIP generally covers the first $2,000 before your health insurer is billed for the remainder. We coordinate PIP, health coverage, and the liability claim.
How long do I have to file a car accident claim in Massachusetts?
Three years from the date of the crash under MGL c.260 § 2A. Claims against a government entity require a presentment letter within two years under MGL c.258 § 4. Deadlines are strict, so call us early.
Can I still recover if I was partly at fault in Massachusetts?
Yes, up to a point. Massachusetts uses modified comparative negligence (MGL c.231 § 85): you can recover only if you were 50% or less at fault, and your award is reduced by your percentage. At 51% or more, you recover nothing — so fighting an inflated fault finding is critical.
How much is my Massachusetts car accident claim worth?
It depends on injury severity and permanence, medical costs, lost wages, and whether you cross the tort threshold for pain and suffering. We document every loss to push past the insurer’s low first offer.
What if the at-fault driver has no insurance or too little?
Your uninsured/underinsured motorist (UM/UIM) coverage becomes your recovery source. Massachusetts requires insurers to offer it. We identify every policy — yours, a household member’s, or an employer’s — that may apply.
How long does a car accident settlement take in Massachusetts?
Massachusetts insurers must respond to a demand within roughly 30 days, but a full case can take months to over a year depending on injuries and disputed fault. We don’t settle before your medical picture is complete.
Should I give a recorded statement to the insurance company?
You must report the accident to your own insurer to activate PIP, but you should not give a detailed recorded statement to the other driver’s insurer before getting legal advice. Adjusters use those statements to reduce or deny claims.
Do I need a car accident lawyer in Massachusetts?
The no-fault and tort-threshold rules make these claims more complex than they look. Represented clients typically recover more, even after fees. We work on a contingency fee — no fee unless we win. Call (401) 288-3888.
What should I do immediately after a car accident in Massachusetts?
Call 911 and get a police report, photograph the scene and injuries, collect witness information, seek medical care the same day, report to your own insurer to start PIP, and call MFC Law at (401) 288-3888 before dealing with the other insurer.
Slip & Fall FAQs (Massachusetts)
What do I have to prove in a Massachusetts slip and fall case?
That the party controlling the property knew or should have known about a dangerous condition and failed to fix it or warn you, and that it caused your injury. Massachusetts owners owe a duty of reasonable care to all lawful visitors.
Can I sue for a slip and fall on snow or ice in Massachusetts?
Yes. Since Papadopoulos v. Target (2010), Massachusetts no longer shields owners for “natural” accumulations — they must treat snow and ice like any other hazard and take reasonable steps to clear walkways, steps, and entrances.
Is there a special deadline for snow and ice slip and fall claims?
Yes — you must give written notice within 30 days of a snow- or ice-related injury (and claims against a city or town also require prompt statutory notice). Missing it can bar your claim, so contact us immediately after a winter fall.
How long do I have to file a slip and fall claim in Massachusetts?
Three years from the date of injury for most claims (MGL c.260 § 2A). Snow/ice and municipal claims carry much shorter notice deadlines, so don’t wait.
How much is a Massachusetts slip and fall case worth?
It depends on injury severity, surgery, permanent impairment, lost wages, and pain and suffering. Falls causing fractures, head injuries, or back surgery carry substantially higher value.
Can I recover if I was partly at fault for my fall?
Yes, if you were 50% or less at fault under Massachusetts modified comparative negligence; your recovery is reduced by your share. At 51% or more, you cannot recover — so the fault split is pivotal.
Who is liable if I fell in a store or business?
The business or entity that controlled the area, if a hazard existed that they knew or should have known about and failed to address. Cleaning contractors or property managers may also share responsibility.
Is a landlord responsible for a fall in a rental property?
Often. Massachusetts landlords must keep premises compliant with building and sanitary codes (MGL c.186 § 15) and act reasonably about known hazards in common areas. Liability turns on who controlled the dangerous condition.
How long does a slip and fall claim take to settle?
Cases with clear liability can settle in months; disputed-notice or serious-injury cases take longer. We never rush a settlement before your injuries and prognosis are fully known.
Do I need a lawyer for a slip and fall in Massachusetts?
Owners fight the “notice” element hard, and snow/ice cases have tight deadlines. An attorney protects the claim and proves liability. No fee unless we win — call (401) 288-3888.
What should I do after a slip and fall in Massachusetts?
Report it and get an incident report, photograph the hazard before it’s cleared, get witness contacts, seek medical care, preserve your footwear, and call MFC Law quickly — especially after a snow or ice fall with its 30-day notice deadline.
Dog Bite FAQs (Massachusetts)
Is Massachusetts a strict liability state for dog bites?
Yes. Under MGL c.140 § 155, dog owners (and keepers) are strictly liable for injuries their dog causes — you do not have to prove the owner knew the dog was dangerous or was negligent.
What are the exceptions to Massachusetts dog bite liability?
The statute does not apply if the victim was trespassing, committing another tort, or provoking or tormenting the dog at the time. Outside those exceptions, the owner is liable regardless of the dog’s history.
What if a young child was bitten — can the owner claim provocation?
It’s much harder. Massachusetts law presumes a child under 7 was not trespassing or provoking the dog, shifting the burden to the owner to prove otherwise. Young children are strongly protected under the statute.
Who pays for a dog bite claim in Massachusetts?
Typically the owner’s homeowner’s or renter’s insurance. The claim is against the policy, not the person directly — so you can recover without going after a friend or neighbor personally.
How long do I have to file a dog bite claim in Massachusetts?
Three years from the attack for most claims. For a minor, the period generally does not begin until the child turns 18 — but acting early preserves evidence and witnesses.
Is a landlord liable for a tenant’s dog biting someone?
Possibly, under negligence (not strict liability). If a landlord knew of a tenant’s dangerous dog — for example from prior complaints — and failed to act, the landlord can share liability for an attack.
How much is a Massachusetts dog bite case worth?
Value reflects the severity of the wounds, scarring and disfigurement (especially facial), surgery, infection, emotional trauma, and lost wages. Children’s facial-scarring cases often carry significant value.
Can I recover if a dog knocked me down without biting?
Often yes. Section 155 covers damage “caused by” the dog, not just bites — so a dog that lunges, jumps, or knocks you over causing injury can trigger the owner’s liability.
What damages can I recover in a Massachusetts dog bite case?
Medical bills, future treatment and scar-revision surgery, lost wages, emotional distress, and pain and suffering. Permanent scarring and psychological harm are compensable and often undervalued by insurers.
Do I need a lawyer for a dog bite claim in Massachusetts?
Insurers raise provocation and minimize scarring. A lawyer documents the injury and counters those tactics. We charge no fee unless we win — call (401) 288-3888.
What should I do after a dog bite in Massachusetts?
Get medical care, identify the dog and owner, report the bite to animal control, photograph the wounds as they heal, gather witness information, and call MFC Law before speaking with the owner’s insurer.
Motorcycle Accident FAQs (Massachusetts)
What is the helmet law for motorcyclists in Massachusetts?
Massachusetts has a universal helmet law (MGL c.90 § 7) — all riders and passengers must wear a DOT-compliant helmet, regardless of age or experience. It is one of the strictest helmet laws in the country.
Can I still recover if I wasn’t wearing a helmet?
You can still bring a claim, but because helmets are legally required, an insurer may argue your lack of one contributed to head or neck injuries and try to reduce your recovery under comparative negligence. It should not affect injuries a helmet wouldn’t have prevented.
Does PIP / no-fault coverage apply to motorcyclists in Massachusetts?
Generally no. Motorcyclists are excluded from PIP in Massachusetts, so the $8,000 no-fault benefit usually isn’t available to injured riders. That makes the liability claim against the at-fault driver — and your own UM/UIM coverage — especially important.
Can I recover if I was partly at fault for the motorcycle crash?
Yes, if you were 50% or less at fault under Massachusetts modified comparative negligence; your award is reduced by your share. At 51% or more you recover nothing — and insurers often inflate a rider’s fault.
How long do I have to file a motorcycle accident claim in Massachusetts?
Three years from the date of the crash (MGL c.260 § 2A). Government-entity claims require a presentment letter within two years. Don’t delay getting advice.
Who is usually at fault in a motorcycle accident?
Most crashes involve another vehicle, and the other driver is frequently at fault — often for failing to see the rider or violating their right of way. We use the police report, witnesses, and reconstruction to prove it.
How much is a Massachusetts motorcycle accident claim worth?
Motorcycle injuries are typically severe — fractures, road rash, TBI, spinal injuries — so values run higher than a typical car claim. Worth depends on severity, permanence, medical costs, lost earning capacity, and available coverage.
Why do insurers treat motorcycle claims unfairly?
Adjusters assume riders were speeding or reckless before reviewing the facts, which drives lower offers and higher fault assignments. With the 51% bar in play, that bias is especially dangerous — we counter it with hard evidence.
What are the most common motorcycle accident injuries?
Road rash (often requiring surgery and leaving scarring), traumatic brain injuries, spinal cord injuries, fractures, and internal injuries. Injury type heavily affects claim value, so thorough documentation matters.
Do I need a motorcycle accident lawyer in Massachusetts?
With no PIP for riders, severe injuries, and the 51% fault bar, representation is critical here. We work on contingency — no fee unless we win. Call (401) 288-3888.
What should I do after a motorcycle accident in Massachusetts?
Call 911, get medical care immediately, photograph the scene and your gear, collect witness information, preserve your helmet and damaged equipment, avoid recorded statements, and call MFC Law before dealing with the insurer.
Premises Liability FAQs (Massachusetts)
What is premises liability in Massachusetts?
It is a property owner’s duty to keep premises reasonably safe. Massachusetts owners owe a duty of reasonable care to all lawful visitors — the old invitee/licensee distinction was largely abolished — and can be liable when a known or knowable hazard causes injury.
What duty does a property owner owe to visitors in Massachusetts?
Reasonable care under the circumstances to identify and remedy or warn about hazards. The duty is highest for lawful visitors; even trespassers cannot be intentionally harmed or exposed to hidden traps, and children are protected under the attractive nuisance doctrine.
Can I sue for a negligent security injury if I was assaulted on a property?
Yes, if the assault was foreseeable — prior crime, location, or security failures made it predictable — and the owner failed to provide reasonable security such as lighting, working locks, cameras, or personnel.
Is a landlord liable for injuries in a Massachusetts rental property?
Often. Landlords must keep premises compliant with building and sanitary codes (MGL c.186 § 15) and address known hazards in areas they control, such as common stairwells, walkways, and lighting. Liability depends on control and notice of the condition.
How long do I have to file a premises liability claim in Massachusetts?
Three years from the date of injury (MGL c.260 § 2A). Claims involving snow/ice or government property carry shorter notice deadlines, so act quickly.
Can I recover if I was partly at fault?
Yes, if you were 50% or less at fault under modified comparative negligence; your recovery is reduced by your share. At 51% or more you recover nothing.
What kinds of accidents fall under premises liability?
Slip and falls, inadequate maintenance, negligent security, swimming pool accidents, elevator/escalator failures, falling objects, and dog attacks on the property — any injury tied to an unsafe condition.
What is the attractive nuisance doctrine in Massachusetts?
It can hold owners liable for injuries to child trespassers drawn to a dangerous condition — an unfenced pool, trampoline, or equipment — because children cannot be expected to appreciate the danger.
What damages can I recover in a premises liability case?
Medical expenses, future care, lost wages and earning capacity, and pain and suffering (subject to the modified comparative-fault reduction).
Do I need a lawyer for a premises liability claim in Massachusetts?
Proving notice and foreseeability takes investigation and often experts, and the 51% bar raises the stakes. We do that work and charge no fee unless we win. Call (401) 288-3888.
What should I do after being injured on someone else’s property?
Report it and get an incident report, photograph the hazard, gather witness contacts, seek medical care, preserve evidence, and call MFC Law before giving a statement to the property owner’s insurer.
Product Liability FAQs (Massachusetts)
Do I have to prove the manufacturer was negligent in a Massachusetts product case?
Not necessarily. Massachusetts provides a near-strict-liability remedy through breach of the implied warranty of merchantability (UCC, MGL c.106 § 2-318) — you show the product was defective and unreasonably dangerous and that it caused your injury. You can also pursue negligence.
What are the types of defective product claims?
Design defects, manufacturing defects, and failure to warn. Massachusetts recognizes all three under both breach-of-warranty and negligence theories.
Who can be held liable for a defective product in Massachusetts?
Manufacturers, distributors, wholesalers, and retailers. Massachusetts eliminated the old “privity” requirement (MGL c.106 § 2-318), so anyone foreseeably injured by the product — not just the buyer — can sue.
How long do I have to file a product liability claim in Massachusetts?
Three years from the date you knew or reasonably should have known the product caused your injury (the discovery rule applies). Because the deadline can be fact-specific, have an attorney evaluate your timeline.
What is the most important thing to do after a defective product injury?
Preserve the product. Do not discard, repair, clean, or return it — keep it exactly as it was, along with packaging, receipts, and instructions. The product is the key evidence.
Does a product recall help my case?
Yes. A recall — especially an FDA Class I recall — is powerful evidence the product was defective, showing a regulator or the maker deemed it dangerous enough to pull from the market.
Can I bring a breach of warranty claim and a negligence claim together?
Yes. Massachusetts plaintiffs commonly plead both breach of the implied warranty of merchantability and negligence, since the warranty claim does not require proving fault while negligence addresses careless conduct.
What kinds of products lead to liability claims?
Defective auto parts, tools and machinery, appliances, children’s products, medical devices, pharmaceuticals, and household goods — anything that injures a user because of a design, manufacturing, or warning defect.
How much is a Massachusetts product liability claim worth?
Value reflects injury severity and permanence, medical costs, lost earnings, and pain and suffering. Defective-product injuries are frequently serious, and breach-of-warranty claims can also reach certain consumer-protection remedies.
Do I need a lawyer for a product liability claim in Massachusetts?
These cases require expert analysis and take on well-funded corporate defendants. We advance the costs and charge no fee unless we win. Call (401) 288-3888.
What should I do after being injured by a defective product in Massachusetts?
Get medical care, keep the product, packaging, and receipt, photograph everything, record the model and lot number, save any instructions, and call MFC Law before contacting the manufacturer or its insurer.
Pedestrian Accident FAQs (Massachusetts)
Do pedestrians have the right of way in Massachusetts?
In a marked crosswalk, yes — vehicles must stop for a pedestrian on their half of the road, or within 10 feet of it. Outside crosswalks, pedestrians must yield, but drivers still owe a duty of reasonable care to everyone on the road.
Who pays my medical bills if I’m hit by a car as a pedestrian in Massachusetts?
Surprisingly, the PIP coverage of the vehicle that hit you typically pays the first $8,000 of your medical bills and lost wages, regardless of fault. Beyond that, you may claim against the at-fault driver if you meet the tort threshold.
Can I sue the driver for pain and suffering after a pedestrian accident?
Yes, if you cross the serious injury threshold (over $2,000 in medical expenses, a broken bone, disfigurement, or loss of sight/hearing) and can show the driver was at fault.
Can I recover compensation if I was jaywalking when I was hit?
Yes. Jaywalking does not bar a claim — under Massachusetts modified comparative negligence, you can recover if you were 50% or less at fault, with your award reduced by your share. At 51% or more, recovery is barred.
How long do I have to file a pedestrian accident claim in Massachusetts?
Three years from the date of the crash (MGL c.260 § 2A). Claims against a government entity require a presentment letter within two years. Don’t wait — evidence fades fast.
How much is a Massachusetts pedestrian accident claim worth?
Pedestrian injuries are often catastrophic, so values can be high. Worth depends on severity and permanence, medical and future-care costs, lost earning capacity, and pain and suffering.
What if the driver who hit me fled the scene?
Your own uninsured motorist coverage — or a household policy — usually becomes the recovery source in a hit-and-run. Report it to police immediately; we help locate every available policy.
What if I don’t own a car — can I still get PIP?
Often yes. PIP from the vehicle that struck you generally covers an injured pedestrian even if you don’t own a car or have your own auto policy. We make sure that coverage is pursued.
What damages can an injured pedestrian recover?
Medical bills, future treatment, lost wages and earning capacity, and pain and suffering if the threshold is met. In fatal cases, families may bring a wrongful death claim.
Do I need a lawyer after a pedestrian accident in Massachusetts?
Coordinating PIP, the tort threshold, and the 51% fault bar is complex. Representation protects your recovery. No fee unless we win — call (401) 288-3888.
What should I do after being hit as a pedestrian in Massachusetts?
Call 911, get medical care immediately, photograph the scene and injuries, collect the driver’s and witnesses’ information, avoid recorded statements to the driver’s insurer, and call MFC Law at (401) 288-3888.
Uber & Lyft Accident FAQs (Massachusetts)
How does Uber and Lyft insurance work after a Massachusetts accident?
It depends on the driver’s app status. Period 1 (app off): only the driver’s personal policy. Period 2 (logged in, waiting): roughly $50,000 per person / $100,000 per accident contingent coverage. Period 3 (trip accepted/passenger aboard): a $1 million liability policy.
I was a passenger in an Uber or Lyft crash in Massachusetts — what are my rights?
As an innocent passenger you can recover no matter which driver was at fault. Your own (or the vehicle’s) PIP pays the first $8,000 of medical bills, and during an active trip the $1 million policy and UM/UIM coverage are available.
Does PIP apply to Uber and Lyft passengers in Massachusetts?
Yes. Because Massachusetts is a no-fault state, PIP generally pays the first $8,000 of a passenger’s medical expenses and lost wages regardless of fault, before any liability claim.
Who pays if my rideshare driver caused the crash?
If the driver was on an active trip, Uber or Lyft’s $1 million commercial policy generally applies. If they were only logged in and waiting, the lower contingent coverage applies. We use the trip record to establish the period.
What if another driver caused the crash and was uninsured?
During an active trip, Uber and Lyft carry uninsured/underinsured motorist coverage that can compensate passengers and the rideshare driver when the at-fault driver lacks adequate insurance.
Can I sue Uber or Lyft directly in Massachusetts?
Direct corporate suits face the independent-contractor defense, but the $1 million Period 3 policy is reachable without one. Negligent hiring or retention claims may create direct liability where the company knew of a driver’s unsafe record.
How long do I have to file a rideshare accident claim in Massachusetts?
Three years from the crash (MGL c.260 § 2A). These cases involve multiple insurers and time-sensitive electronic records, so move quickly.
Can I recover if I was partly at fault?
Yes, if 50% or less at fault under Massachusetts modified comparative negligence, with your award reduced by your share — relevant mainly if you were a rideshare driver or another motorist, not an innocent passenger.
How much is a Massachusetts rideshare accident claim worth?
Value depends on injury severity, medical costs, lost income, and which coverage period applies. The $1 million active-trip policy means seriously injured passengers often have substantial coverage available.
What evidence matters most in an Uber/Lyft case?
The in-app trip record — screenshot the ride status immediately before the screen clears, since it fixes the coverage period and the driver’s details. Photos, the police report, and medical records round out the proof.
What should I do immediately after an Uber or Lyft accident in Massachusetts?
Screenshot the app, call 911, document the scene, seek medical care the same day, report through the app and to your insurer for PIP, and call MFC Law at (401) 288-3888 before giving any statement to a rideshare insurer.
Contact Us Today!
Topics on this Page
Practice Areas
Real Stories. Real Results.
Francesca did a tremendous amount of the legwork on my case and was absolutely outstanding throughout the entire process. She was professional, responsive, and made sure everything was handled properly. Her hard work and dedication truly made a stressful situation much easier to manage.
Even the secretary was incredibly helpful, kind, and supportive whenever I called with questions or needed updates.
I’m beyond grateful for the effort this office put into my case. If you want a law firm that actually cares and works hard for you, I highly recommend them.
T. Sanders
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.”
Why Massachusetts Injury Victims Choose MFC Law
Why Massachusetts Injury Victims Choose MFC Law
Founded in 2007, MFC Law has spent nearly two decades fighting for injury victims across Massachusetts and beyond. Michael F. Campopiano built this firm on a simple belief: advocacy with compassion, when clients need it most. We answer your calls directly, move fast to preserve evidence, and don’t back down when insurers push back.
Our team speaks English, Spanish, and Portuguese. If your question wasn’t answered here, call (401) 288-3888 for a free consultation — you pay nothing unless we win.
We're here for you.
We fight for every dollar you deserve. No fee unless we’re successful.
Where Your Voice Finds Strength.
Wherever you are, we’ll fight for your rights bringing justice to light.