Massachusetts must be accountable for the injuries and deaths it causes

Under current Massachusetts law, when someone is injured or killed as a result of the negligence of an employee of a Massachusetts Town, City, or the State, the maximum the victim or the victim’s family can recover as compensation for the injury or death is $100,000. Keep in mind – That is before deductions for attorney’s fees and costs (usually amounting to approximately $33,000). This leaves the victim with roughly $66,000 whether the victim is left quadriplegic, blind, paralyzed, or dead.

What makes this law so insane is that the $100,000 cap applies even if the municipal employee is “grossly negligent” – generally defined as “reckless”, or “with wanton disregard for the value of human life”.  What is so infuriating about this law is that it was created by Massachusetts lawmakers to protect the Commonwealth’s treasury. It does not exist in New York or in most other civilized States. It has only one purpose: to save the State money no matter how horrific the act. This simply should not be tolerated by the citizens of the Commonwealth.

Every week, it seems, we read about another death or serious injury caused by the negligence of another Massachusetts City or State employee. Whether it’s the death of a young child in a negligently maintained school yard, or the death of an innocent motorist in a defective State-owned tunnel, regardless of the extent of the negligence, the most the City or State will ever have to shell-out to the victim or the victim’s family is $100,000 (before fees and costs) Think about that.

Personal Injury

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