Tort Claims Act and Your Personal Injury Claim

If you have been injured in an accident that involved a Massachusetts government entity in any way, the Federal Tort Claims Act (FTCA) will impact your ability to successfully pursue a personal injury claim. The FTCA protects the government from specific types of lawsuits, but it doesn’t entirely prevent you from being able to seek a claim against the government in the event of an accident that resulted in injury.

Additionally, it’s crucial to know that each division of the government-including state, county, city and agencies of the government-may have its own Tort Claims Act, which will impact your ability to file a lawsuit against that specific entity. Your Massachusetts personal injury attorney can give you more details as they relate to your unique case and locality.

One of the most important aspects of Tort Claims Acts is the time given to you to file notice of claim after your injury has occurred. 

The specific Tort Claims Act in the applicable municipality will likely require you to file notice of a claim to the government entity between 30 to 180 days from the time the injury occurred. This differs from the standard 3 years given to accident victims to file notice of claim, as outlined by the Massachusetts statute of limitations.

If your accident involved several different government entities-for instance, you were injured by a city-owned vehicle in a county-owned park-you may have to submit to several sets of tort requirements. Your personal injury attorney can help you with the intricacies of a case involving one or more Massachusetts government entities.

These tight deadlines mean that it is critical to file a notice of claim as quickly as possible, even if you have not yet determined fault in your Massachusetts accident. This will alert the government entity to your accident and injuries while giving them the required time to address your claim.

Learn more about filing a personal injury claim against a Massachusetts government entity by visiting our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation (877) 892-5620.

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