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Massachusetts 人身傷害計算機

Massachusetts の州別賠償上限、倍率、時効データで賠償額を見積もり。

最終確認: June 2026 出典: 方法論を見る

ステップ 1 — 損害額

$
$
$

ステップ 2 — 場所と傷害

特殊な状況？送信前にお読みください
  • 被害者が未成年（18 歳未満）： 多くの州では時効が 18 歳まで進行しません。怪我の程度に関わらず、弁護士相談を強く推奨。
  • 被告が政府機関（市・郡・州・学区）： 通知期限は通常 60〜180 日 — 標準時効よりはるかに短いです。迅速に行動を。
  • 永続的障害、手術、入院： 乗数法は重傷を体系的に過小評価します。実際の和解額は計算器上限の 2〜5 倍を超えることも。
Advanced Case Factors — comparative fault, accident type, policy limits, attorney fee tier
0%
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ステップ 3 — 計算方法

どの重大度を選ぶか不明？参考表を表示
1–2軽微 — あざ、軽い痛み、数日で完全回復。画像診断や専門医不要。
3–4中度 — 捻挫、軽い脳震盪、軟部組織損傷。数週間で回復、手術不要。
5–6顕著 — ギプス必要な骨折、椎間板ヘルニア、手術検討または完了。数ヶ月の回復。
7–8重度 — 手術必要、入院、残存影響予想。回復 6 ヶ月以上、永続的制限あり。
9–10壊滅的 — 永続的障害、外傷性脳損傷、麻痺、外見損傷、または継続的ケアが必要。
軟部組織は 1.5〜2、骨折は 3、通常は州の下限以上。
重度・永続的傷害は 4〜5、州の慣行で上限あり。
推定総額： $0

Sources & Legal Citations

Statutes, case law, and official references used to construct this calculator. Always verify with a licensed Massachusetts attorney before relying on legal conclusions.

Massachusetts の裁判所制度と提訴地

Trial court: Superior Court; Appeals Court; Supreme Judicial Court

Plaintiff-friendly venues: Suffolk County (Boston), Middlesex County, Hampden County. These counties tend to award higher non-economic damages on average — venue choice can swing settlement value by 20-50% within the same state.

State-specific law of note: Modified comparative (51% bar). No-fault PIP state. M.G.L. c.231 § 60H imposes $500K medical malpractice non-econ cap. Two HQ'd major insurers create strong claimant data on local trends.

Massachusetts の主要保険会社

The four largest auto insurance carriers writing policies in Massachusetts:

  • Mapfre (~21% — HQ in MA)
  • GEICO (~13%)
  • Liberty Mutual (~10% — HQ in MA)
  • Progressive (~10%)

Each carrier uses different valuation software (Colossus, Mitchell ClaimIQ, or proprietary). The carrier handling your claim affects opening offer, response time, and willingness to litigate. Knowing which carrier you’re negotiating against shapes the right counter-offer strategy.

Massachusetts の典型的な和解タイムライン

Average: 10–24 months.

Massachusetts's 3-year SOL is the national norm — most claimants can comfortably reach MMI before the deadline forces a protective filing.

The standard 5-phase progression:

  1. Treatment to MMI (MA: usually 3–12 months) — do not settle before Maximum Medical Improvement; future surgeries discovered after settlement come out of your pocket.
  2. Records collection (1–3 months) — hospitals legally have 30 days to respond to HIPAA-compliant requests; some take 60–90.
  3. Demand letter (1 month) — typical insurer response window 30–45 days.
  4. Negotiation (1–4 months) — 3–5 rounds typical; each round 2–4 weeks because adjusters carry 80–150 active files.
  5. No-fault PIP claims add 3–6 months in Massachusetts because the PIP carrier and tort carrier are separate negotiations.
  6. Settlement & payout (4–8 weeks) — sign release → insurer pays into trust → lien negotiations → net to claimant. The 3-year statute of limitations must be respected during all phases; if SOL is approaching, file suit protectively.

怪我タイプ別の代表的和解レンジ — Massachusetts

The following ranges are derived from Massachusetts’s typical multiplier (1.5–5×) applied to industry-standard medical bill scenarios. Anonymized to protect privacy; not specific verdicts.

Injury ProfileMassachusetts Settlement RangeDriver
Rear-end collision, soft tissue, 6-week recovery, ER + 8 PT sessions$12,800 – $28,800Lower multiplier (1.5×); recovery confirmed by treating physician
Cervical disc herniation, no surgery, 6 months PT + 2 epidural injections$32,000 – $57,600Moderate multiplier (2×–3×); imaging confirms organic injury
Lumbar disc fusion (single level), 12+ months recovery, residual restrictions$104,000 – $130,000Higher multiplier (3×–4×); surgery + permanent impairment rating
Traumatic brain injury (moderate), 18+ months treatment, cognitive deficits documented$156,000 – $520,000Top multiplier (5×); life-altering impact + vocational expert report

Massachusetts で一般的な防御戦術

Insurance defense strategies you should anticipate in Massachusetts:

  1. Comparative fault push to the 51% bar. Defense will try to push your fault percentage just above the threshold to bar all recovery. Even if you can show low fault, they may settle for ~30% reduction.
  2. Pre-existing condition attack. Defense will pull medical records going back 10+ years to argue your injury existed before the accident. Counter with treating physician causation letter explicitly addressing aggravation of any prior conditions.
  3. Treatment gap exploitation. Any 30+ day gap in medical records is used as proof "you weren’t really hurt." If financial hardship caused gaps, document why in a contemporaneous pain journal.
  4. PIP threshold dispute. Massachusetts is a no-fault state — defense will argue your injuries don’t meet the serious-injury threshold for pain & suffering recovery. Get specific threshold-language opinion from your treating physician.
  5. Independent Medical Examination (IME) request. Insurance-selected physicians routinely document lower severity. You generally must comply if litigation is filed; before then, decline politely citing the request is premature.
  6. Lowball opening offer. Industry standard is 30-50% of internal reserve. Never accept the first offer; respond with documented counter that anchors high.

Massachusetts で公判に進むべき時

Roughly 95% of Massachusetts personal injury cases settle without trial. Trial is the right move when:

  • Insurer’s final offer is more than 30% below your documented damages
  • Liability is clear and damages are well-documented (favorable jury optics)
  • Statute of limitations (3 years) is within 6 months — protective filing required
  • Defendant’s conduct involved gross negligence or willful misconduct (punitive damages potential — Massachusetts has no statutory cap on punitives)

Trials in Massachusetts typically take 12-30 months from filing to verdict, with discovery (depositions, expert reports, motions) occupying most of that time. Filing alone often unlocks better settlement offers — industry data shows settlement values rise 30-50% post-filing.

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State law content is displayed in English to preserve precise legal terminology. Use your browser’s translation feature for other languages.

If you were injured in Massachusetts due to someone else’s negligence, you may be entitled to compensation for both economic damages (medical bills, lost wages) and non-economic damages — commonly known as pain and suffering. Massachusetts (MA) personal injury law has its own rules on damage caps, statutes of limitations, and how fault is apportioned. This page explains the key Massachusetts-specific factors that affect your settlement, and the calculator above estimates a settlement range using the actual MA multiplier and statutory parameters.

How Pain and Suffering Is Calculated in Massachusetts

Massachusetts courts and insurance adjusters most commonly use two methods to value non-economic damages:

  • The Multiplier Method. Your total economic damages (medical bills + lost wages) are multiplied by a factor between 1.5 and 5 for Massachusetts cases. Lower multipliers apply to soft-tissue injuries that resolve quickly; higher multipliers apply to severe, permanent, or disfiguring injuries.
  • The Per Diem Method. A daily dollar value (often the claimant’s daily wage) is multiplied by the number of days from injury to maximum medical improvement. This method works best for shorter recoveries with documented end dates.

The calculator on this page lets you toggle between both methods and adjust the multiplier within the Massachusetts range to model different scenarios.

Damage Caps in Massachusetts

Massachusetts does not impose a general statutory cap on non-economic damages in standard personal injury cases. This means a jury may award any amount it considers reasonable based on the evidence of pain, suffering, and loss of enjoyment of life.

Punitive damages are also generally not subject to a fixed statutory cap in Massachusetts, though they remain subject to constitutional due-process limits established by the U.S. Supreme Court (typically a single-digit ratio to compensatory damages).

Statute of Limitations: 3 years

In Massachusetts, you generally have 3 years from the date of the injury to file a personal injury lawsuit. Missing this deadline almost always means losing your right to compensation entirely, regardless of how strong your case is on the merits.

Important exceptions and nuances that may affect the deadline in Massachusetts:

  • Discovery rule — In some cases (e.g., toxic exposure, medical malpractice), the clock starts when you knew or should have known of the injury, not the date of the underlying event.
  • Minors — The 3 years clock typically does not begin running for an injured minor until they turn 18.
  • Government claims — If your claim is against a city, county, or state agency, separate notice deadlines (often 60–180 days) apply before you can file suit. These are much shorter than the standard limit.
  • Wrongful death — A separate statute of limitations may apply, calculated from the date of death rather than the date of injury.

Massachusetts’s Fault Rule: Modified Comparative Negligence (51% Bar)

Massachusetts follows the modified comparative negligence (51% bar) rule. You can recover damages as long as you are not more than 50% at fault. If you are 50% at fault on a $100,000 claim, you still recover $50,000. If you are 51% or more at fault, you recover nothing.

This is one of the most consequential rules in Massachusetts personal injury law. Insurance adjusters routinely try to assign a percentage of fault to the claimant in order to reduce or eliminate the payout. Documenting your case carefully and limiting recorded statements to the at-fault party’s insurer are key defensive practices.

Typical Settlement Ranges in Massachusetts

Settlement values vary widely based on injury severity, liability strength, and insurance limits. The following ranges reflect typical Massachusetts outcomes for the categories shown — your actual settlement may be higher or lower:

  • Minor injuries (soft tissue, full recovery within weeks): $12,800 – $28,800
  • Moderate injuries (broken bones, longer recovery, some permanent effects): $32,000 – $130,000
  • Severe injuries (surgery, disability, permanent impairment): $156,000 – $520,000+

Massachusetts Auto Insurance Minimums

If your injury arose from a motor vehicle accident, the at-fault driver’s insurance is the primary source of recovery. Massachusetts requires drivers to carry minimum liability coverage of:

  • $20,000 per person for bodily injury
  • $40,000 per accident for bodily injury
  • $5,000 for property damage

Massachusetts is a no-fault / PIP state. This means your own auto insurance pays for your medical bills and a portion of lost wages first, regardless of who caused the accident. You can typically only sue the at-fault driver for pain and suffering if your injuries cross a statutory threshold (e.g., serious or permanent injury).

If the at-fault driver carries only the state minimum (or is uninsured), your recovery may be limited to those amounts unless you can pursue your own underinsured/uninsured motorist coverage.

How to File a Personal Injury Claim in Massachusetts

  1. Document the scene immediately. Photographs, witness contact information, and a written record of what happened are far harder to gather later.
  2. Get medical attention promptly. Gaps in treatment are routinely used by insurance adjusters to argue that the injury was not serious or was unrelated to the incident.
  3. Notify the at-fault party’s insurer in writing. Be brief and factual. Avoid recorded statements without an attorney.
  4. Calculate your damages. Use this Massachusetts calculator to estimate a fair pain-and-suffering range based on your medical bills, lost wages, and severity. Keep itemized receipts.
  5. Send a demand letter. A demand letter formally states your version of the facts, your damages, and the amount you will accept to settle.
  6. Negotiate — or file suit before the 3 years deadline. Most claims settle, but you must file a lawsuit before the statute of limitations expires to preserve your right to recover.

Should You Hire a Massachusetts Personal Injury Attorney?

Studies by the Insurance Research Council have consistently found that represented claimants recover roughly 3.5× more on average than unrepresented claimants — even after attorney fees. Most Massachusetts personal injury attorneys work on contingency (typically 33% of recovery, sometimes 40% if the case goes to trial), which means no upfront cost.

Cases where representation is especially valuable in Massachusetts:

  • Disputed liability (especially under Modified Comparative Negligence (51% Bar))
  • Severe or permanent injuries
  • Multiple defendants or insurance carriers
  • Government defendants (with their shorter notice deadlines)
  • Insurance company is denying the claim or offering far less than the calculator’s estimate

This page provides general information about Massachusetts personal injury law and is not legal advice. Outcomes vary by case and the rules above may have changed. Consult a licensed Massachusetts attorney for advice on your specific situation.

Frequently Asked Questions