Massachusetts · Personal Injury

Massachusetts Personal Injury Practice Areas

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Attorney Michael F. Campopiano, personal injury lawyer serving Rhode Island and Massachusetts, pictured against the Providence skyline

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If you were injured in Massachusetts — on Route 24, in a Boston stairwell, on ice outside a Lowell business, or in any accident caused by someone else’s negligence — you have the right to pursue compensation. This page lists every case type our Massachusetts personal injury lawyers handle, and the rules that decide each one.

Massachusetts law is meaningfully harder on injury victims than Rhode Island law, and the differences are not obvious until they cost you. A no-fault PIP layer sits in front of every car claim. A dollar threshold gates pain and suffering. And a fault bar can end a case outright rather than merely reduce it. The Law Offices of Michael F. Campopiano practises in both states and knows which set of rules applies to your case. Call (401) 288-3888 for a free consultation.

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51% Bar

Found more than half at fault and you recover nothing. Unlike Rhode Island, partial fault here can end a claim outright rather than reduce it.

M.G.L. c. 231 § 85

$8,000 PIP

Your own policy pays the first $8,000 in medical bills and 75% of lost wages regardless of who caused the crash.

M.G.L. c. 90 § 34M

$2,000 Threshold

Pain and suffering is off the table until reasonable medical expenses exceed $2,000 — or the injury involves fracture, disfigurement or loss of sight or hearing.

M.G.L. c. 231 § 6D

Massachusetts Injury Law: The Four Rules Behind Every Case

Before you speak with any insurance company, four rules govern virtually every personal injury claim in Massachusetts. Each one differs from the Rhode Island equivalent, and each one can quietly cost you the case.

The 51% Fault Bar

Massachusetts uses modified comparative negligence under M.G.L. c. 231 § 85. If your share of the fault is 51% or more, you recover nothing. At 50% or less you recover, reduced by your percentage. This is the single most important difference from Rhode Island, where pure comparative negligence means partial fault never eliminates a claim. It also explains why Massachusetts adjusters push fault percentages so aggressively: getting you to 51% ends the file. See comparative negligence in Massachusetts car accident claims.

Worked example. Damages of $200,000 with you 25% at fault pays $150,000 in either state. Now move your fault to 55%. Rhode Island still pays $90,000. Massachusetts pays nothing. Same facts, same injuries, different state line.

No-Fault PIP Comes First

Personal Injury Protection pays your first $8,000 of medical expenses and 75% of lost wages no matter who caused the crash (c. 90 § 34M). It pays quickly and it is your own insurer’s money, so using it does not raise your rates for someone else’s negligence. If you carry health insurance, PIP still pays the first $2,000 before your health plan takes over. See what PIP covers, whether you still need it with health insurance, and how PIP deductibles work.

The $2,000 Tort Threshold

You cannot claim pain and suffering from the at-fault driver until reasonable medical expenses exceed $2,000, or the injury involves a fracture, permanent and serious disfigurement, or loss of sight or hearing (c. 231 § 6D). Rhode Island imposes no such gate. Full explanation on our PIP and tort threshold page and in the tort threshold rules explained.

Deadlines: Three Years, and a 30-Day Trap

Most Massachusetts injury claims must be filed within three years (M.G.L. c. 260 § 2A). But snow and ice claims require written notice within 30 days of the fall (c. 84 § 21). That deadline expires while most people are still in physical therapy, and it is unforgiving. Claims against public entities carry their own presentment requirements under the Tort Claims Act.

Every Case We Handle in Massachusetts

MFC Law represents injury victims across ten practice areas in Massachusetts, on a contingency fee — nothing upfront, nothing at all unless we win. Wondering what a claim is worth? Start here.

Practice AreaWhat We Fight For
Car AccidentMassachusetts is a no-fault state. Your own PIP pays the first $8,000 in medical bills and 75% of lost wages regardless of who caused the crash (M.G.L. c. 90 § 34M). To pursue pain and suffering you must clear the $2,000 tort threshold (c. 231 § 6D). See PIP and the tort threshold explained and our guide to no-fault insurance in Massachusetts.
Truck AccidentFederal carrier regulations, hours-of-service logs and a commercial insurer all enter the case. Electronic logging data runs on a fixed retention cycle and is routinely overwritten, so a preservation letter in the first days often decides what evidence survives.
Slip & FallSnow and ice claims carry a hard trap: written notice must reach the responsible party within 30 days (M.G.L. c. 84 § 21). Miss it and the claim is gone regardless of how badly you were hurt. See what evidence wins these cases and when an owner is legally responsible.
Motorcycle AccidentRider bias runs through these claims, and in Massachusetts it is more dangerous than elsewhere: the 51% bar means an inflated fault percentage does not just reduce recovery, it ends it. Motorcyclists are also outside the PIP system, so the whole claim rests on liability.
Bicycle AccidentCyclists share the road by right. Fault usually turns on lane position, door-zone collisions and failure to yield. As with motorcycles, the 51% bar makes how your own conduct is characterised decisive rather than merely costly.
Uber & Lyft AccidentCoverage depends entirely on which of three phases was active. App off, personal policy only. App on and waiting, limited contingent cover. Ride accepted or passenger aboard, $1 million. Screenshot the app before you close it — that single step preserves the evidence of which phase applied.
Pedestrian AccidentDrivers must yield in marked crosswalks. Pedestrians also draw PIP benefits from the striking vehicle’s policy, which surprises most people. Because of the 51% bar, how your crossing is characterised matters more here than in Rhode Island.
Dog BiteMassachusetts holds owners and keepers strictly liable for dog-caused injury (M.G.L. c. 140 § 155) — you need not prove the animal had bitten before. The statute also shifts the burden where the victim is a child under seven.
Premises LiabilityProperty owners owe lawful visitors a duty of reasonable care. Massachusetts abolished the old invitee and licensee distinction, so what matters is whether the hazard was foreseeable and how long it was left. Covers negligent security, unsafe stairs, poor lighting and falling merchandise.
Product LiabilityMassachusetts routes most product claims through breach of the implied warranty of merchantability rather than strict tort liability, but the practical effect is similar: a defective product makes the maker answerable. Manufacturing defects, design defects and failure to warn are treated differently. Preserve the product.

Where We Handle These Cases

We represent injury victims across Massachusetts, with the deepest coverage in the South Coast, the Merrimack Valley and Greater Boston. Prefer to browse by location? Start at areas we serve.

Injured in a town without a page here? That does not make the claim harder to pursue — it only means the page has not been written yet. We practise statewide.

What Compensation Is Available

Once you clear the tort threshold, Massachusetts damages fall into the same two categories as anywhere else. What differs is the order in which they get paid.

Economic Damages

  • Medical expenses — PIP first, then health insurance, then the at-fault driver
  • Future medical costs — recoverable, but they must be proven with evidence
  • Lost wages — PIP covers 75% up to the limit; the balance is pursued through the claim
  • Reduced earning capacity — long-term loss of your ability to work
  • Property damage — handled separately from the injury claim

Non-Economic Damages

  • Pain and suffering — available once the threshold is met
  • Scarring and disfigurement — permanent and serious disfigurement also clears the threshold on its own
  • Emotional distress and loss of enjoyment of life
  • Loss of consortium for a spouse or family member
  • See how pain and suffering is calculated

Frequently Asked Questions

My accident happened in Massachusetts but I live in Rhode Island. Which law applies?

Usually the law of the state where the injury happened, though it is genuinely not always obvious — and on a Fall River or Seekonk border case the answer can decide whether you recover at all. It is the first thing we work out. See how Rhode Island and Massachusetts claims differ.

Do I still have a claim if I was partly at fault?

Yes — provided your share stays at 50% or below. Above that, Massachusetts bars recovery entirely. This is why an adjuster’s fault assessment deserves to be challenged rather than accepted.

Will using PIP raise my premiums?

PIP is no-fault. Claiming it for an accident you did not cause should not raise your rates, and it gets your early medical bills paid without waiting on a liability fight.

I fell on ice three weeks ago. Is it too late?

Not yet, but you are close. Written notice must reach the responsible party within 30 days (c. 84 § 21). Call today rather than tomorrow.

What does it cost to hire MFC Law?

Nothing upfront, nothing unless we win. See how our no-fee promise works.

More answers: Massachusetts personal injury FAQ, or the Massachusetts Court System and the Division of Insurance.

Why Choose the Law Offices of Michael F. Campopiano

We practise in both states. Most firms pick one. The rules diverge sharply at the border, and a case handled under the wrong assumption is a case lost.

The attorney answers the phone. Michael takes client calls directly. You are not handed to a case manager and left there.

We move before the evidence does. Footage gets overwritten, hazards get repaired, and truck logs get purged on schedule. Speed is not a sales pitch here; it is the difference between a provable claim and a disputed one.

Nearly two decades and tens of millions recovered. See our case results and what clients say.

English, Spanish and Portuguese. Attorney on call 24 hours a day.

Where Your Voice Finds Strength.

You do not need to know which category your case falls into before you call. Describe what happened. We will tell you whether you have a claim, which state’s law governs it, and what it is realistically worth.

Free consultation. No fee unless we win.

Call (401) 288-3888

Related: Massachusetts personal injury overview · Rhode Island practice areas · cities we serve · all case types · about Michael F. Campopiano

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