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?
2 Answers from Attorneys
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.
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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