Legal Question in Personal Injury in Massachusetts

municipality liability

does the $100,000 limit on cities and towns include medical expenses or is it $100,000 plus medical wen found liable?


Asked on 7/07/07, 6:25 am

2 Answers from Attorneys

Maurice LaRiviere, Jr. Law Office of Maurice LaRiviere, Jr.

Re: municipality liability

It is 100k per person per incident which includes all amounts and damages.

I assume this is not related to work comp but purely a negligence action.

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Answered on 7/07/07, 7:58 am
Roger Turgeon Turgeon & Associates

Re: municipality liability

The $100,000 cap on municipal liability limits the municipality's total liability to any one person, which includes medical expenses, loss of earning capacity, pain & suffering,etc.

The sovereign immunity statute that establishes this cap also has a few other requirements that do not apply to lawsuits against people or corporations, including shorter time limits on beginning your claim and a "presentment requiremnt" that requires you to give the municipality a chance to settle out of court before you can file suit in court. It is a good idea to consult with a lwayer who is experienced in this field as soon as possible to make sure you don't lose your rights because of a technical misstep.

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Answered on 7/07/07, 11:47 am


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