Comparative Fault Rules
Massachusetts — Massachusetts Accidents
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FAQ
Worcester crash with a firetruck and grain truck who pays if they're blaming each other?
The ER note helps you if it says your condition was aggravated by this crash. The insurance companies will use that...
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FAQ
Can my Lowell employer fire me for filing after a company van crash?
Paying your own medical bills because you're scared to report the crash is the mistake that costs people the most....
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FAQ
My brother got hit on black ice near Springfield. Is no-fault all he gets?
The one thing your employer or landlord is hoping you never find out: "no-fault means that's the end of it" is a...
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FAQ
Boss told me use my insurance after Cambridge work crash. Too late now?
Massachusetts updates workers' comp benefit rates every October, but the bigger issue is this: your boss does not...
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FAQ
Is a claim for my kid's Boston-area crash injuries even worth the hassle?
The insurance company will usually tell you PIP should cover it and that pursuing more is probably not worth the...
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FAQ
How much can I get if a Lowell city truck hit me?
Usually no more than $100,000 from the city, even if your injuries are worth more. That cap surprises people. A...
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FAQ
Did I miss the deadline to sue over a recalled tire in Cambridge?
The one thing the insurer is hoping you never find out is that "just a pothole claim" can still be a...
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FAQ
Did I miss the workers' comp deadline after my employee's Boston bike delivery crash?
Picture a rider getting clipped near Mass Ave and Boylston on a busy June afternoon, then not saying much until a...
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FAQ
What evidence proves a Massachusetts taxi crash broke the no-fault injury threshold?
$2,000 is the number that changes your case in Massachusetts. Before you know that, a taxi insurer may treat a...
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FAQ
Can my kid still get money for future care after a Boston school bus crash?
File a written presentment claim within 2 years if the bus was run by a public entity, and file the court complaint...
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FAQ
Is filing after a Springfield construction crash worth it if workers' comp covers bills?
Yes - and the biggest money mistake is letting your own health insurance pay first while you miss workers' comp and...
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Key Terms
Glossary
clear and convincing evidence
The part that trips people up most is that it is not the same as "more likely than not." It is a higher burden of...
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Glossary
willful violation
Not a simple mistake, oversight, or ordinary carelessness. A willful violation involves a person or company...
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Glossary
constructive discharge
People often confuse this with a regular firing. A direct termination happens when an employer clearly ends the job....
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Glossary
excess verdict
After a wreck in the I-93 tunnels under downtown Boston, an excess verdict is a jury award or court judgment that...
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Glossary
expert witness
A fact witness tells the court what they personally saw, heard, or did. An expert witness goes a step further:...
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Glossary
retaliatory discharge
The nightmare version is getting fired right after reporting an injury, filing a workers' compensation claim, or...
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Glossary
at-will employment
What trips people up most is that an employer usually can fire someone for almost any reason, but not for an illegal...
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Glossary
verdict
Insurance companies and defense lawyers often throw around "verdict" to scare injured people into settling cheap....
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Glossary
fitness-for-duty certification
You just got a letter that says your employer needs a fitness-for-duty certification before you can return to work....
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Glossary
spoliation
Losing, destroying, altering, or failing to preserve key evidence can directly reduce the value of a claim - or sink...
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Glossary
tolling
Insurance companies and defense lawyers sometimes talk about a filing deadline as if it were fixed in stone: miss...
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Glossary
ADA reasonable accommodation
Like using a ramp instead of stairs, a reasonable accommodation is an adjustment that lets someone with a disability...
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Glossary
declaration
A sworn written statement. "Sworn" means the person signing it affirms the contents are true, usually under penalty...
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Glossary
right to refuse unsafe work
Insurance companies and defense lawyers sometimes use this idea to argue that an injured worker "chose" the risk and...
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Glossary
victim impact panel
You just got a letter that says you must attend a victim impact panel before your next court date or as a condition...
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Glossary
survival action
What surprises many families is that a death case in Massachusetts can include two different claims: a wrongful...
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Glossary
alternative sentencing
Insurance companies and defense lawyers may point to alternative sentencing to make a crash sound less serious,...
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Glossary
whistleblower protection
Legal safeguards that protect a worker from retaliation after reporting illegal, unsafe, fraudulent, or harmful...
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Glossary
employer's first report of injury
Think of it like the incident log a crew fills out right after a crash scene: the first written record that locks in...
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Glossary
FMLA leave
Missing work after an injury can drain a paycheck fast and put health insurance, job security, and a legal claim...
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Glossary
serious violation
You will usually see this phrase in an OSHA citation, inspection report, safety audit, or a letter stating that a...
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Glossary
OSHA citation
Insurance companies and defense lawyers often point to an OSHA citation in whatever way helps them most: either as...
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Glossary
statute of repose
You just got a letter that says your case is barred by the "statute of repose," even though you only recently...
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Glossary
subpoena duces tecum
Like getting a written demand to bring your receipts, emails, or lab notes to a meeting, this is a court-backed...
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Glossary
judgment
Not the same thing as a verdict, and not just the judge's personal opinion. A judgment is the court's final,...
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Glossary
deposition
Defense lawyers love this part because it gives them hours to pin an injured person down, test memory gaps, and hunt...
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Glossary
wrongful termination
Like being forced off Route 3 just before the Sagamore Bridge, a firing can feel abrupt and unfair - but not every...
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