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Construction Accident Settlements in Massachusetts

If you have been involved in a construction accident in Massachusetts, understanding how the state's personal injury laws affect your claim is essential. Massachusetts follows the modified comparative fault (51% bar) system, and you have 3 years from the date of your injury to file a lawsuit.

Construction Accident Settlement Range in Massachusetts

Nationally, construction accident settlements range from $15,000 to $400,000. In Massachusetts, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.

Low

$15,000

Estimated

$60,000

High

$400,000

How Massachusetts Law Affects Your Construction Accident Claim

Massachusetts uses a modified comparative fault system with a 51% bar and has no statutory cap on compensatory or non-economic damages in personal injury cases. The state's mandatory automobile insurance and no-fault PIP system affect how car accident claims are processed before a tort lawsuit can be filed. Boston is home to a highly active plaintiffs' bar, contributing to above-average settlement values.

Under Massachusetts's modified comparative fault (51% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 51% or more.

Factors Affecting Construction Accident Claims in Massachusetts

  • ✓OSHA safety violation documentation
  • ✓Third-party contractor or subcontractor negligence
  • ✓Scaffold, ladder, and fall protection compliance
  • ✓Equipment maintenance and defect history
  • ✓Property owner's duty to maintain safe conditions
  • ✓Severity and permanence of disabilities
  • ✓Workers' compensation lien offset on recovery

Common Construction Accident Injuries

Falls from scaffolding, ladders, and roofsTraumatic brain injuries from falling objectsElectrocution and electrical burnsCrush injuries from heavy equipmentSpinal cord injuries and paralysisAmputations from machineryRespiratory illness from dust and chemical exposure

Relevant Massachusetts Statutes

  • •Mass. Gen. Laws ch. 260, § 2A (statute of limitations)
  • •Mass. Gen. Laws ch. 231, § 85 (modified comparative fault, 51% bar)
  • •Mass. Gen. Laws ch. 140, § 155 (dog bite strict liability)

Construction Accident Claims in Massachusetts Cities

If your construction accident occurred in Boston, Worcester, Springfield, Cambridge, Lowell, or anywhere else in Massachusetts, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.

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This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.