Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.
Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).
Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).
In Massachusetts, personal injury law covers harm to an individual's body, mind, or emotional well-being. These claims fall under the category of tort law, which includes intentional acts, negligent behavior, and strict liability offenses where negligence does not need to be proven. To succeed in a personal injury claim in MA, the injured party (claimant or plaintiff) must establish that another party is liable for their injuries and that they have suffered damages as a result. Damages can include medical costs, lost wages, pain and suffering, and in cases of permanent disability or death, additional compensation. Massachusetts law may impose certain time limits, known as statutes of limitations, within which a personal injury claim must be filed. The state also follows a modified comparative negligence rule, which means that a claimant's compensation can be reduced if they are found to be partially at fault for their injuries, and if they are more than 50% at fault, they may be barred from recovering any compensation.