Milton Personal Injury Attorney Dino M. Colucci Explains Common Questions About Massachusetts Injury Claims

MILTON, MA - Individuals injured in car crashes, slip and falls, dog attacks, and other serious incidents throughout Massachusetts often have pressing questions about filing deadlines, fault rules, and the compensation available to them. Milton personal injury attorney Dino M. Colucci of Colucci, Colucci & Marcus, P.C. (https://www.coluccilaw.com/faq/) has published a detailed set of answers addressing the fundamentals of personal injury law to help injured individuals across Greater Boston, the South Shore, and Norfolk County make informed decisions about their claims.

According to Milton personal injury attorney Dino M. Colucci, understanding the timeline for taking legal action is often the most urgent concern. Under M.G.L. ch. 260 2A, injured individuals generally have three years to file a personal injury lawsuit in Massachusetts, and in many cases that deadline runs from the date the claim accrues. "Missing the filing deadline can end a case before it begins, regardless of how strong the evidence may be," explains Colucci. "That is why reviewing the specific type of claim early is so important, because exceptions like the discovery rule and special medical malpractice rules can change the timing."

Milton personal injury attorney Dino M. Colucci notes that the steps taken in the first hours and days after an accident directly affect the strength of a claim. Seeking prompt medical attention, documenting the scene with photographs, collecting witness information, filing an official report, and keeping detailed records all help preserve evidence. Colucci also advises injured individuals to avoid giving recorded statements to the other party's insurance company before consulting with counsel.

The firm's guidance addresses how Massachusetts handles fault. The Commonwealth uses a no-fault auto insurance system for motor vehicle accidents, requiring policies to include personal injury protection benefits under M.G.L. ch. 90 34A and 34M. To pursue pain and suffering damages from an at-fault driver, reasonable and necessary medical expenses generally must exceed $2,000, or the injury must qualify as serious, such as a fracture or permanent disfigurement. Most other personal injury claims, including premises liability, follow fault-based rules that require proof of negligence.

Comparative fault is another frequent point of confusion. Massachusetts follows a modified comparative negligence rule under M.G.L. ch. 231 85, meaning an injured person's recovery is reduced by their percentage of fault and is barred entirely if they are found 51 percent or more at fault. "Insurance adjusters frequently argue that injured claimants share a larger portion of the blame in order to reduce a settlement," Colucci observes. "An attorney can investigate the facts and push back against inflated fault allocations."

On the question of compensation, the firm explains that injured plaintiffs may recover both economic and non-economic damages. Economic damages cover documented losses such as past and future medical expenses, lost wages, reduced earning capacity, and property damage. Non-economic damages address pain and suffering, emotional distress, loss of enjoyment of life, and scarring. Colucci points out that Massachusetts generally follows the collateral source rule, so a defendant usually cannot reduce damages simply because health insurance or another source paid part of the injured person's losses, though exceptions apply in certain cases.

Attorney Colucci cautions that insurance companies often extend early settlement offers designed to close a claim before the full extent of injuries is known. "Accepting a lowball offer can leave an injured person responsible for medical bills and lost income that have not yet materialized," he notes. He adds that most personal injury attorneys in Massachusetts, including the firm, work on a contingency fee basis, meaning clients pay no legal fees unless a recovery is obtained.

The firm's answers also cover wrongful death claims, which must be brought by the executor or administrator of the estate under M.G.L. ch. 229 2. Such claims must generally be filed within three years from the date of death, and Massachusetts allows punitive damages of at least $5,000 when the death was caused by malicious, willful, wanton, or reckless conduct, or by gross negligence. Colucci emphasizes that individuals injured in Massachusetts but living elsewhere may still bring claims in a Massachusetts court when the injury occurred within the Commonwealth.

Colucci, Colucci & Marcus, P.C. represents clients throughout Milton, Boston, Suffolk County, Quincy, Braintree, Canton, Norfolk County, and the South Shore communities of Weymouth, Hingham, Cohasset, and Scituate, among others. The firm handles every phase of the process, from investigating the accident to negotiating with insurers and litigating in the appropriate Massachusetts court when necessary.

For those facing the aftermath of a serious injury, consulting a personal injury attorney may help protect their rights, meet critical deadlines, and evaluate the full value of a claim before responding to an insurer.

About Colucci, Colucci & Marcus, P.C.:

Colucci, Colucci & Marcus, P.C. is a Milton, Massachusetts law firm serving injured individuals and families throughout Greater Boston, the South Shore, and Norfolk County. Founding partner Dino M. Colucci and managing partner Darin Colucci handle personal injury and civil litigation matters, while partner Matthew J. Marcus focuses on estate planning, elder law, disability law, and mental health law. For consultations, call (617) 698-6000.

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Website: https://www.coluccilaw.com/

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