Jocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clark Law School in Portland, Oregon, and enjoys dutifully serving her cats and horses.
Jocelyn Mackie, J.D.
Jocelyn Mackie is a former civil litigator with content published on Findlaw, LifeHacker, and Marketwatch. She became a legal content writer to demystify the law and support informed decision-making by consumers. Jocelyn graduated from Lewis and Clark Law School in Portland, Oregon, and enjoys dutifully serving her cats and horses.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Boston is one of the oldest cities in the country, with a vital role in our nation’s founding. But despite its sophistication and old-world charm, it has modern problems. Congested traffic, icy weather and old, crumbling sidewalks can lead to injuries—and the need to hold someone responsible.
When you need a personal injury lawyer in Boston, MA, you must find someone with the skills and integrity to earn your trust and secure results. Here are Forbes Advisor’s best personal injury attorneys in the city to help you with that search.
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Best Personal Injury Lawyers in Boston, MA
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Massachusetts Personal Injury Laws
Even a plaintiff-friendly state like Massachusetts has its limits. Here are laws that affect your personal injury case.
Statute of Limitations in Massachusetts
A statute of limitations is a time limit for filing a lawsuit. In Massachusetts, that limit is three years from the injury date. So, if you had a car accident on June 4, 2023, you have until June 4, 2026, to file.
However, the statute of limitations shouldn’t be confused with when you file an insurance claim. Most insurance companies limit that window to 24 hours from the accident up to one week after. However, you want to file your claim while the events are fresh in your memory, so the sooner you reach out to the negligent party’s insurance company, the better.
The statute of limitations on medical malpractice is still three years, but that countdown starts differently than other personal injury claims. That time limit starts tolling on the date you knew or should have known medical negligence caused your injury. For example, if you underwent surgery on August 1, 2022, but didn’t detect a doctor’s mistake until you started having symptoms on September 14, 2023, your last day to file a lawsuit is September 14, 2023.
Medical malpractice claims are also subject to a statute of repose, the maximum period you have to file a lawsuit. Regardless of when you detect an injury, you have seven years from the medical treatment or procedure date to pursue a claim against medical professionals.
Minor children have to file a claim within three years of their 18th birthday unless it is a medical malpractice claim. Parents then have three years from when they knew or should have known that something went wrong with a medical procedure. However, if the child is under six, the parents have until that child’s ninth birthday to file a lawsuit.
Determining Fault in Massachusetts
Massachusetts uses a contributory negligence standard. A plaintiff can recover damages if most of the fault lies with the defendant. For example, if an arbitrator determines that a plaintiff is 45% at fault for an accident, and the defendant bears 55% of the fault, then the plaintiff can still recover. However, their overall award is reduced by 45%.
But if a fact finder concludes a plaintiff is 51% at fault, that bars their recovery. Even that slight difference places the majority of fault on the plaintiff and prevents them from receiving a damages award.
Special Liability Cases
Special liability refers to those matters where liability works differently. These matters may fall under strict liability where a defendant is liable even though their conduct wasn’t careless, intentional or negligent. Or they arise from a statutory duty as with Dram Shop laws. But general negligence theory can still apply if someone behaved carelessly in these incidents.
Dog Bite
Massachusetts applies strict liability to dog bite cases. An owner is presumed liable for a dog bite even if the dog never behaved viciously before or has a history of mellow behavior.
But there is an exception in the dog bite law. Owners are not liable if the dog bit someone who was trespassing or if the individual was teasing, tormenting or abusing the dog. This standard does not apply to minors under seven, as the law presumes they weren’t trespassing or tormenting the dog.
Dram Shop
A Dram Shop law makes it illegal for a public establishment, like a bar, restaurant or pub, to serve patrons who are already intoxicated. If they continue to do so, they can face liability if that impaired patron causes injury or property damage to someone else while intoxicated.
Social Host Law
Massachusetts case law also imposes liability on individuals who serve alcohol at home. Generally, these laws require anyone serving alcohol at a private party to do so safely and legally. Otherwise, you may be liable for the following:
- Guests who drink then get hurt during the party
- Guests who drink then get hurt by someone else at the party
- Guests who drink and then get hurt by a dangerous condition at your party (e.g., broken steps or ice)
If a guest leaves the party and then gets hurt or hurts someone else, you are not liable. However, you can be liable if that guest drives while impaired and injures or kills someone else.
These laws work differently when you allow minors to drink at your home. You are responsible for all injuries and property damage after minors drink at your home or in a property you control (like a hotel room.) There are also criminal charges, including fines up to $2,000, imprisonment for up to one year or both.
Limits on Personal Injury Recovery
There is no general cap on general personal injury claims. But there is one on medical malpractice.
In most medical malpractice cases, plaintiffs cannot receive more than $500,000 in damages for pain and suffering. However, a judge or jury can determine that “special circumstances” allow damages beyond that cap. These situations usually include substantial or permanent loss of a body function or severe disfigurement.
How to Find a Boston, MA Personal Injury Attorney
When you’re facing inconvenient or life-changing injuries, a long, complex personal injury lawyer search in Boston, MA, is the last thing you want. Fortunately, there are ways to make this search easier and find the best match for your case.
Start with Reliable Referrals
You need reliable referral sources. Friends, relatives and coworkers are a great place to start if any of them recently filed a personal injury case. They may know an attorney you mesh with well, or you’ll learn who not to use for your case!
If no one in your friend circle recently hired a lawyer, you can use top attorney lists like this or check Google reviews. One or two bad reviews may be outliers from demanding clients, but beware if you see a pattern of bad reviews.
There are also attorney referral services available in Massachusetts. The Boston Bar Association Lawyer Referral Service (BBA LRS) has excellent connections with the local lawyer base. You can also try the Massachusetts Bar Association Lawyer Referral Service (LRS) for a referral.
Seek Trial Experience
You want an attorney with a strong litigation record. It is unlikely that your case will go to trial, but it is a good idea to find a lawyer prepared to take that action if needed.
Look at attorney websites and even news reports to see recent verdicts. While multi-million dollar wins are fantastic, they are in the minority of personal injury claims. Instead, look for patterns of solid results where matters settle or go to a verdict successfully.
Find a Good Match
Finally, follow your instincts. You can hire the most successful attorney in Boston but fail to get good results if you’re uncomfortable talking with that person. So, balance good results with your comfort level. The best attorney is reassuring and trustworthy; you don’t feel you must hide information from there.
Methodology
Forbes Advisor considered many factors to develop the Best Personal Injury Lawyers in Boston, MA in 2024. Our mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we review factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on the following:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and Honors
Forbes Advisor collects public data from various sources, including state bar associations, court records and other published sources on the internet. However, this information could be more comprehensive. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Remember that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing we can’t quantify, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when facing a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What percentage of compensation do personal injury lawyers take for their fees?
A contingency fee may range from 10 to 45%, depending on at what stage a personal injury case resolves. For example, if your case settles, the attorney may take 33% as their fee. However, cases that go to arbitration or trial may take up to 40%, with that percentage increasing if the case goes for appeal.
Which is more likely: a settlement or going to trial?
Most tort cases, including personal injury, are settled before trial. Only 3% of these cases are resolved through a trial verdict.
Do I need an attorney for a personal injury case?
Personal injury laws are complex. There are many nuances and deadlines that can affect your claim. Also, handling insurance company inquiries and knowing what to say becomes difficult if you attend doctor appointments and attempt to keep up with life. While an attorney is technically not required, hiring one will undoubtedly make this process easier.
