Statute of Limitations
- 3 years with Discovery Rule. (Mass. Ann. Laws Ch. 260, §2-A – Tort, contract to recover for personal injuries, and replevin actions)
- Medical malpractice – 3 years with Discovery Rule, but no more than 7 years after the alleged act or omission. (Mass. Ann. Laws Ch. 260,§4 – Certain tort or contract actions for malpractice, error or mistake)
Damages Cap
- Noneconomic damages are capped at $500,000, with exceptions for proof of substantial disfigurement or permanent loss or impairment, or other special circumstances (substantial or permanent loss or impairment of a bodily function or substantial disfigurement or other special circumstance) which warrant a finding that imposition of such limitation would deprive the plaintiff of just compensation for the injuries sustained. (Mass. Ann. Laws Ch. 231, §60H – Limitation of damages for pain and suffering)
Statute of Limitations
- 3 years with Discovery Rule. (Mass. Ann. Laws Ch. 229, §2 – Wrongful death; damages)
Damages Cap
- Punitive damages - Minimum of $5,000 for willful or grossly negligent conduct resulting in death. (Mass. Ann. Laws Ch. 229, §2 – Wrongful death; damages)
- Abuse of Elderly Persons – (Mass. Gen. Laws Chpt. 19A, §§14-26)
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
