Whenever someone is injured in a Massachusetts car accident, they can pursue a claim for compensation through a Massachusetts personal injury lawsuit. When the allegedly at-fault party is a government employee, however, certain additional rules apply.
Historically, government entities were not able to be sued by private citizens. However, over time, lawmakers realized that this rule led to unfair results in that accident victims were denied compensation for injuries that were clearly due to the wrongdoing of government employees. Thus, lawmakers across the country passed laws called “tort claims acts,” which waived government immunity in certain situations.
Each state has its own tort claims act. As a result, every state’s tort claims act is a little different. Some tort claims acts waive immunity in only certain very limited situations. Unless a plaintiff’s claim fits within those claims for which immunity is waived, the plaintiff’s case cannot proceed to trial because the government defendant is considered immune from liability. The Massachusetts Tort Claims Act (MTCA), is somewhat unique in that it broadly waives government immunity for any “personal injury or death caused by the negligent or wrongful act or omission of any public employee while acting within the scope of his office or employment.” However, while the MTCA waives immunity in these cases, it also limits a plaintiff’s recovery.
Claims under the MTCA are limited to compensatory damages only, meaning that an accident victim cannot obtain punitive damages. Additionally, the total amount of damages that an accident victim can obtain under the MTCA is $100,000. It is also important for accident victims to know that the statute of limitations for a claim under the MTCA is just two years from the date of the accident.
Woman Injured in Massachusetts Car Accident with State Trooper
Earlier this month, a woman was admitted to the hospital with non-life-threatening injuries after she was hit by a state trooper. According to a local news report covering the accident, the victim was a 58-year-old woman who was attempting to cross the street to go to work.
Apparently, the collision occurred around 5:30 in the morning, at the intersection of Bennington and Vienna Streets. Evidently, it was still dark out at the time, and the road conditions were wet and slick. The woman was taken to the hospital by emergency workers, and is expected to fully recover from her injuries. Police have yet to come to any conclusions regarding the cause of the accident, which is still under official investigation.
Have You Been Injured in a Massachusetts Car Accident?
If you or a loved one has recently been injured in a Massachusetts car accident involving a government employee or official, you may be entitled to monetary compensation. While the MTCA may apply to your claim, you should not assume that to be the case. The dedicated Massachusetts personal injury lawyers at the Neumann Law Group have extensive experience handling Boston car accidents involving police officers and other government employees. We also provide all prospective clients with a free consultation to discuss their case and discuss how we can help. To learn more call 800-525-6386 to schedule a free consultation today.