Legal Question in Personal Injury in Massachusetts

a large tree limb fell on my car at a local stae park, is the state responsible for this accident as they are for upkeep for their forestry?


Asked on 5/31/12, 9:00 am

1 Answer from Attorneys

Not unless you can prove negligence. There are also some complicated laws regarding the exceptions to sovereign immunity that you would need to navigate through and to meet all their particular requirements, lest your claim be barred or dismissed. There is also a $285 filing fee to enter the claim in Superior Court, where it will be on a 3-year "average track" before it comes to trial. This is why most people choose to insure their car with comprehensive coverage, so the can obtain a first party insurance payment and don't need to worry about suing the state and paying an attorney to prosecute such an action on their behalf, and to incur significant suit expenses, all to attempt to obtain some modicum of recovery. Best luck. Regards, JBS

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Answered on 5/31/12, 11:06 am


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