How to File a Personal Injury Claim Against a Massachusetts Government Entity (Part A)

Coping with an accident or injury suffered by you or a loved one can be very stressful. If the injuries were severe, you may consider filing a Massachusetts personal injury claim to recover damages.

If your accident involved a Massachusetts government entity-including a city, county or state agency-your case is likely to be more complicated, adding to the confusion you may already be experiencing.

You might have to file against a Massachusetts government entity if a government employee or agency was responsible for your accident and injuries. For example, if you were in a slip and fall accident that was caused by a poorly maintained government property, you may be able to file a claim against the government agency responsible for maintaining that property.

Before Filing a Massachusetts Personal Injury Claim

In some cases, a Massachusetts personal injury claim can be resolved through a settlement process, even before a formal lawsuit is filed. This settlement takes the form of negotiation between the parties involved, followed by a written agreement resulting in monetary compensation for the accident victim.

Since the government usually denies liability when it comes to injury claims, you may find that you need to file a formal personal injury lawsuit to seek compensation.

Filing Against a Massachusetts Government Entity

Usually, the Massachusetts statute of limitations provides accident victims with 3 years in which to file a notice of claim. HOWEVER, the time limits are much shorter if your personal injury lawsuit involves a claim against a local Massachusetts government entity or a government employee in Massachusetts.

When filing against a government entity, you are required to file a Notice of Claim within 30 to 180 days after your injury. These time frames can vary depending on the type of government municipality involved. The notice of claim will alert the Massachusetts government entity that you've suffered an injury or accident and that you believe that they are liable for your injuries.

Most governments have Tort Claims Act laws that protect them, meaning that they cannot be sued without permission. Your Massachusetts personal injury attorney can help you to determine who is responsible for your injuries and how best to pursue your claim.

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