Massachusetts Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — COMMONWEALTH OF MASSACHUSETTS

PRIVILEGED AND CONFIDENTIAL — SETTLEMENT COMMUNICATION
PREPARED IN ANTICIPATION OF LITIGATION
Subject to Massachusetts Rule of Evidence (Proposed) 408 and Federal Rule of Evidence 408

ATTORNEY INFORMATION

Law Firm: [________________________________]
Attorney Name: [________________________________]
Massachusetts BBO No.: [________________________________]
Address: [________________________________]
City, State, ZIP: [____________________], Massachusetts [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

CLAIM INFORMATION

Date of Letter: [__/__/____]

Sent Via: ☐ Certified Mail, Return Receipt Requested ☐ Regular U.S. Mail ☐ Email ☐ Facsimile

To:
Insurance Company: [________________________________]
Claims Adjuster: [________________________________]
Adjuster Address: [________________________________]
City, State, ZIP: [________________________________]

Claim Number: [________________________________]
Policy Number: [________________________________]
Insured (Defendant): [________________________________]
Claimant: [________________________________]
Date of Loss: [__/__/____]
Date of Birth (Claimant): [__/__/____]
Type of Claim: ☐ Bodily Injury ☐ Wrongful Death ☐ Property Damage ☐ Uninsured Motorist ☐ Underinsured Motorist ☐ PIP

I. INTRODUCTION AND PURPOSE

This letter constitutes a formal demand for settlement on behalf of our client, [________________________________] ("Claimant"), for personal injuries, damages, and losses sustained as a direct and proximate result of the negligence of your insured, [________________________________] ("Defendant"), arising from an incident that occurred on [__/__/____] in [________________________________], Massachusetts.

This firm represents Claimant in connection with all claims arising from this incident. Direct all communications to our office. Pursuant to Massachusetts Rule of Professional Conduct 4.2, no contact should be made directly with our client.

Chapter 93A Notice: This letter also serves as notice under M.G.L. c. 93A, § 9(3), to the extent applicable. If the insurer's conduct constitutes an unfair or deceptive trade practice, Claimant reserves the right to pursue treble damages and attorney's fees under M.G.L. c. 93A.

II. NO-FAULT / PIP ANALYSIS (AUTO ACCIDENT CLAIMS)

This section applies to motor vehicle accident claims. Massachusetts is a mandatory no-fault state.

A. PIP / Personal Injury Protection

Under M.G.L. c. 90, § 34A and § 34M, Massachusetts mandates PIP coverage of $8,000 per person:

• Medical Expenses: Reasonable and necessary medical expenses (coordinated with health insurance)
• Lost Wages: Up to 75% of lost wages
• Replacement Services: Reasonable expenses for services the injured person would have performed

PIP Benefits Received to Date:

B. Tort Threshold Analysis (M.G.L. c. 231, § 6D)

Under Massachusetts no-fault law, a tort claim for pain and suffering requires meeting the tort threshold:

M.G.L. c. 231, § 6D: "In any action of tort brought as a result of bodily injury... arising out of the ownership, operation, maintenance, control, or use of a motor vehicle within this commonwealth... no person shall recover... for pain and suffering... unless the reasonable and necessary expenses incurred in treating such injury... are determined to be in excess of two thousand dollars..."

☐ (a) Medical expenses exceeding $2,000 — Claimant's medical expenses total $[________], which ☐ exceeds / ☐ does not exceed the $2,000 threshold

Alternative Qualifying Injuries (no $2,000 medical threshold required):
☐ (b) Death
☐ (c) Loss of a body member
☐ (d) Permanent and serious disfigurement
☐ (e) Loss of sight or hearing
☐ (f) Fracture — Describe: [________________________________]

Conclusion: Claimant's injuries ☐ DO / ☐ DO NOT satisfy the tort threshold, entitling Claimant to pursue noneconomic damages.

III. FACTUAL BACKGROUND

A. Incident Description

On [__/__/____], at approximately [____] ☐ a.m. ☐ p.m.:

Location: [________________________________]
City/County: [________________________________], Massachusetts
Weather Conditions: [________________________________]
Road/Surface Conditions: [________________________________]
Lighting Conditions: ☐ Daylight ☐ Dusk ☐ Dawn ☐ Darkness ☐ Artificial Lighting

Type of Incident:
☐ Motor vehicle collision
☐ Rear-end collision
☐ Intersection collision
☐ Head-on collision
☐ Side-impact / T-bone collision
☐ Pedestrian accident
☐ Bicycle accident
☐ Motorcycle accident
☐ Trucking / commercial vehicle
☐ Slip and fall / Premises liability
☐ Dog bite / Animal attack (M.G.L. c. 140, § 155 — strict liability)
☐ Product liability
☐ Medical malpractice (M.G.L. c. 231, § 60B — tribunal required)
☐ Other: [________________________________]

B. Narrative of Events

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Police Report / Incident Documentation

Responding Agency: [________________________________]
Report Number: [________________________________]
Investigating Officer: [________________________________]

The official report documents:

• [________________________________]
• [________________________________]
• [________________________________]

Citations Issued to Defendant: ☐ Yes ☐ No
If yes, specify: [________________________________]

D. Witnesses

E. Evidence

☐ Photographs of accident scene
☐ Photographs of vehicle damage / hazardous condition
☐ Photographs of Claimant's visible injuries
☐ Surveillance camera footage
☐ Dashcam / bodycam footage
☐ Other: [________________________________]

IV. LIABILITY ANALYSIS UNDER MASSACHUSETTS LAW

A. Negligence Standard

Massachusetts negligence requires proof of: (1) a legal duty owed to the plaintiff; (2) a breach of that duty; (3) proximate cause (both cause-in-fact and legal cause); and (4) actual damage. See Mounsey v. Ellard, 363 Mass. 693 (1973).

B. Defendant's Breach of Duty

☐ Failure to exercise reasonable care (M.G.L. c. 90, § 14)
☐ Failure to yield right-of-way (M.G.L. c. 89, § 8)
☐ Following too closely (M.G.L. c. 90, § 14)
☐ Excessive speed (M.G.L. c. 90, § 17)
☐ Violation of traffic control device (M.G.L. c. 89, § 9)
☐ Distracted driving / texting (M.G.L. c. 90, § 13B)
☐ Driving under the influence (M.G.L. c. 90, § 24)
☐ Failure to maintain safe premises (M.G.L. c. 186, § 15)
☐ Snow and ice liability (see Papadopoulos v. Target Corp., 457 Mass. 368 (2010))
☐ Dog owner strict liability (M.G.L. c. 140, § 155)
☐ Negligent entrustment
☐ Respondeat superior / vicarious liability
☐ Other: [________________________________]

Specific breaches:
[________________________________]
[________________________________]

C. Massachusetts Modified Comparative Negligence (51% Bar)

M.G.L. c. 231, § 85 provides:

"Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made."

Under Massachusetts's modified comparative fault system:

• Plaintiff is barred from recovery if more than 50% at fault (i.e., 51% or more)
• If 50% or less at fault, damages are reduced proportionately
• The finder of fact allocates fault percentages

Application to This Case: Your insured is [____]% at fault. Claimant has little to no fault.

D. Joint and Several Liability

Massachusetts retains joint and several liability. Under M.G.L. c. 231B (Contribution Among Joint Tortfeasors Act), each defendant who is found liable may be required to pay the entire judgment. Defendants have a right of contribution against co-defendants for their proportionate share.

This is significant because even if other parties share fault, your insured may be liable for the full amount of Claimant's damages.

V. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

☐ Traumatic brain injury (TBI) / Concussion
☐ Cervical spine injury (herniation, bulge, fracture)
☐ Thoracic spine injury
☐ Lumbar spine injury (herniation, bulge, fracture)
☐ Shoulder injury (rotator cuff tear, labral tear)
☐ Knee injury (meniscus tear, ligament tear, fracture)
☐ Hip injury (fracture, labral tear)
☐ Rib fractures
☐ Facial lacerations / scarring / disfigurement
☐ Dental injuries
☐ Wrist / hand / finger injuries
☐ Ankle / foot injuries
☐ Internal organ injury
☐ Soft tissue injuries
☐ PTSD / Anxiety / Depression
☐ Chronic pain syndrome
☐ Other: [________________________________]

Primary Diagnoses (ICD-10 Codes):

1. [________________________________] — [________]
2. [________________________________] — [________]
3. [________________________________] — [________]
4. [________________________________] — [________]
5. [________________________________] — [________]

B. Chronological Treatment History

Emergency / Initial Treatment

Date: [__/__/____]
Provider: [________________________________]
Facility: [________________________________]
Arrived Via: ☐ Ambulance ☐ Self ☐ Other
Treatment: [________________________________]
Findings: [________________________________]

Primary Care / Follow-Up

Specialist Treatment

Specialist: [________________________________]
Specialty: [________________________________]
Treatment Period: [__/__/____] through [__/__/____]
Treatment Provided: [________________________________]
Findings/Recommendations: [________________________________]

Diagnostic Imaging

Physical Therapy / Rehabilitation

Provider: [________________________________]
Treatment Period: [__/__/____] through [__/__/____]
Number of Sessions: [____]
Treatment Modalities: [________________________________]
Progress / Outcome: [________________________________]

Surgical Treatment (if applicable)

Date: [__/__/____]
Surgeon: [________________________________]
Procedure: [________________________________]
Outcome: [________________________________]

Pain Management (if applicable)

Provider: [________________________________]
Treatment Modalities:
☐ Epidural steroid injections
☐ Facet joint injections
☐ Nerve blocks
☐ Trigger point injections
☐ Radiofrequency ablation
☐ Medication management
☐ Other: [________________________________]

C. Current Condition and Prognosis

[________________________________]
[________________________________]

☐ Claimant has reached MMI
☐ Claimant continues active treatment
☐ Future surgery recommended: [________________________________]
☐ Permanent impairment rating: [____]% whole person

D. Future Medical Treatment

☐ Life care plan prepared by [________________________________] — enclosed.

VI. DAMAGES CALCULATION

NO DAMAGE CAPS IN MASSACHUSETTS. Massachusetts has no statutory cap on compensatory damages (economic or noneconomic) in general personal injury cases. The only cap applies to medical malpractice noneconomic damages ($500,000, but may be exceeded if warranted by the facts).

A. Past Medical Expenses (Itemized)

B. Future Medical Expenses

C. Past Lost Wages / Income

Employer: [________________________________]
Position/Title: [________________________________]
Rate of Pay: $[________] per ☐ hour ☐ week ☐ month ☐ year
Period of Absence: [__/__/____] through [__/__/____]
Total Days Missed: [____]

D. Future Lost Earning Capacity

Vocational Expert: [________________________________]
Economist: [________________________________]
Projected Loss Period: [____] years
Present Value: $[________]

E. Noneconomic Damages (Pain and Suffering)

No Cap. No Tort Threshold Issue: Claimant has met the tort threshold under M.G.L. c. 231, § 6D (if auto) and is entitled to full noneconomic damages without limitation.

☐ Physical pain and suffering (past and ongoing)
☐ Mental and emotional distress
☐ Anxiety, depression, and PTSD
☐ Loss of enjoyment of life
☐ Scarring and disfigurement
☐ Physical limitations and disability
☐ Loss of independence
☐ Inconvenience and interference with daily activities
☐ Loss of function
☐ Other: [________________________________]

Narrative:
[________________________________]
[________________________________]
[________________________________]

Noneconomic Damages Claimed: $[________]

F. Loss of Consortium

Spouse/Partner Name: [________________________________]
Impact: [________________________________]
Amount Claimed: $[________]

G. Property Damage

H. Out-of-Pocket Expenses

I. PIP Benefits Received / Offset (Auto Claims)

J. Summary of All Damages

VII. INSURANCE COVERAGE ANALYSIS

A. Defendant's Liability Coverage

Carrier: [________________________________]
Policy Number: [________________________________]
Bodily Injury Limits: $[________] / $[________]
Property Damage Limits: $[________]
Umbrella / Excess: ☐ Yes ☐ No ☐ Unknown — Limits: $[________]

Note: Massachusetts minimum coverage is $20,000/$40,000/$5,000 (increasing to $25,000/$50,000 as of July 1, 2025) (M.G.L. c. 90, § 34A). These are among the lower minimums nationally.

B. Claimant's Coverage

Carrier: [________________________________]
Policy Number: [________________________________]

☐ PIP: $[________] ($8,000 minimum)
☐ Uninsured Motorist (UM): $[________] / $[________]
☐ Underinsured Motorist (UIM): $[________] / $[________]
☐ Medical Payments (MedPay): $[________]
☐ Collision Coverage: $[________]
☐ Optional Bodily Injury (OBI): $[________] / $[________]

UM/UIM: Massachusetts requires UM coverage matching bodily injury limits. UIM coverage is also mandatory unless rejected. See M.G.L. c. 175, § 113L.

C. Other Potential Coverage

☐ Homeowner's / Renter's insurance
☐ Commercial general liability
☐ Workers' compensation
☐ Health insurance subrogation / lien: $[________]
☐ Medicare / Medicaid lien: $[________]

VIII. PREJUDGMENT INTEREST

Massachusetts has one of the HIGHEST prejudgment interest rates in the nation: 12% per annum.

Under M.G.L. c. 231, § 6B:

"In any action in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, or for damage to property, there shall be added by the clerk of court to the amount of damages interest thereon at the rate of twelve per cent per annum from the date of commencement of the action..."

Key Provisions:

• Rate: 12% per annum (one of the highest in the U.S.)
• Accrual: From the date of filing the complaint
• Application: All tort damages for personal injury and property damage
• Exclusions: Does not apply to future lost earnings or punitive damages
• Upheld as constitutional by the Massachusetts SJC

Calculation:

• Compensatory damages subject to interest: $[________]
• Date of filing (if applicable): [__/__/____]
• Rate: 12% per annum
• Accrued prejudgment interest: $[________]

CRITICAL WARNING TO INSURER: At 12% per annum, prejudgment interest on a substantial judgment accrues rapidly. On a $500,000 verdict, prejudgment interest adds approximately $60,000 per year. Failure to settle in a reasonable time exposes the insurer to significant additional liability.

IX. PUNITIVE DAMAGES AND 93A REMEDIES

A. Punitive Damages

Massachusetts does not generally allow common-law punitive damages in negligence actions. In a wrongful-death action, M.G.L. c. 229, § 2 authorizes punitive damages of not less than $5,000 when death was caused by malicious, willful, wanton, or reckless conduct or by gross negligence.

☐ This is a wrongful death claim and evidence supports a listed § 2 ground
☐ This is not a wrongful death claim — punitive damages not applicable in general tort

B. Chapter 93A Remedies (Unfair and Deceptive Practices)

M.G.L. c. 176D, § 3(9) defines unfair claim-settlement practices, and M.G.L. c. 93A, § 9 supplies a separate consumer remedy when its standing, causation, demand, and other prerequisites are met. A qualifying § 9 action generally requires a written demand at least thirty days before filing that identifies the claimant and reasonably describes the unfair or deceptive act and injury. Multiple damages and attorney's fees depend on the statutory findings; they are not automatic consequences of rejecting this personal-injury demand.

Separate-demand check: Do not label this letter a Chapter 93A § 9 demand unless it has been independently tailored to every current statutory prerequisite and the claimant is entitled to proceed under § 9.

Unfair settlement practices include (M.G.L. c. 176D, § 3(9)):
☐ Misrepresenting policy provisions
☐ Failing to promptly and fairly investigate claims
☐ Refusing to pay claims without conducting a reasonable investigation
☐ Not attempting in good faith to effectuate prompt, fair settlements
☐ Compelling litigation by offering substantially less than reasonable value
☐ Other: [________________________________]

X. SETTLEMENT DEMAND

Based on the foregoing analysis, Claimant demands:

$[________________________________]

This demand represents the full value of Claimant's damages under Massachusetts law, including economic damages, noneconomic damages, and the significant prejudgment interest exposure at 12% per annum.

Response Deadline: This demand shall remain open for [____] days, until [__/__/____].

Response period: The settlement deadline above is claimant-selected. If this letter is also intended as a Chapter 93A § 9 demand, separately verify and satisfy that statute's thirty-day pre-suit demand requirements.

XI. STATUTE OF LIMITATIONS WARNING

Statute of Limitations: Under M.G.L. c. 260, § 2A, the statute of limitations for personal injury in Massachusetts is three (3) years from the date of injury.

• Date of Loss: [__/__/____]
• SOL Expiration: [__/__/____]

If this claim is not resolved, suit will be filed without further notice.

XII. RESERVATION OF RIGHTS

Claimant reserves the right to:

1. File suit in the appropriate Massachusetts court (Superior Court or District Court)
2. Seek all damages including compensatory damages, prejudgment interest at 12% per annum (M.G.L. c. 231, § 6B), costs, and attorney's fees
3. File a M.G.L. c. 93A claim for treble damages and attorney's fees if the insurer engages in unfair settlement practices
4. Pursue additional parties — joint and several liability applies
5. Pursue UM/UIM benefits if the tortfeasor's coverage is insufficient
6. Seek punitive damages in wrongful death claims under M.G.L. c. 229, § 2
7. Claim additional damages discovered after this letter

XIII. MEDICAL RECORDS AND EXHIBITS INDEX

Medical Records and Bills

☐ Emergency room records and bills — [________________________________]
☐ Hospital records and bills — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Specialist records and bills — [________________________________]
☐ Physical therapy records and bills — [________________________________]
☐ Chiropractic records and bills — [________________________________]
☐ Pain management records and bills — [________________________________]
☐ Surgical records — [________________________________]
☐ Diagnostic imaging reports — [________________________________]
☐ Pharmacy records — [________________________________]
☐ Mental health treatment records — [________________________________]
☐ Medical narrative / causation letter — [________________________________]
☐ Life care plan — [________________________________]

Employment and Income Documentation

☐ Employer verification letter
☐ Pay stubs / earnings statements
☐ Tax returns (prior 3 years)
☐ Vocational expert report
☐ Economist report

Incident Documentation

☐ Police report / crash report (Massachusetts CRA form)
☐ Photographs
☐ Witness statements
☐ Expert reports

Insurance Documentation

☐ Defendant's declarations page
☐ Claimant's declarations page
☐ PIP payment records
☐ UM/UIM information
☐ Health insurance lien documentation

Other

☐ Prior correspondence
☐ 93A demand letter (if separate from this letter)
☐ [________________________________]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
Attorney for Claimant
Massachusetts BBO No.: [________________________________]

[________________________________]
[Law Firm Name]
[Address]
[City], Massachusetts [ZIP]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]

Date: [__/__/____]

XV. SOURCES AND REFERENCES

Massachusetts General Laws

• M.G.L. c. 231, § 85 — Modified Comparative Negligence (51% Bar)
• M.G.L. c. 260, § 2A — Statute of Limitations (Personal Injury — 3 Years)
• M.G.L. c. 231, § 6B — Prejudgment Interest (12% Per Annum — Tort)
• M.G.L. c. 231, § 6D — No-Fault Tort Threshold ($2,000 Medical or Serious Injury)
• M.G.L. c. 90, § 34A — Mandatory Auto Insurance
• M.G.L. c. 90, § 34M — PIP Coverage ($8,000)
• M.G.L. c. 175, § 113L — UM/UIM Coverage
• M.G.L. c. 229, § 2 — Wrongful Death (punitive damages not less than $5,000 on a listed statutory ground)
• M.G.L. c. 231B — Contribution Among Joint Tortfeasors
• M.G.L. c. 93A — Consumer Protection (Treble Damages and Attorney's Fees)
• M.G.L. c. 176D, § 3(9) — Unfair Claims Settlement Practices
• M.G.L. c. 140, § 155 — Dog Owner Strict Liability

Key Massachusetts Cases

• Mounsey v. Ellard, 363 Mass. 693 (1973) — Elements of negligence; premises liability
• Papadopoulos v. Target Corp., 457 Mass. 368 (2010) — Snow and ice liability

Official Resources

• Massachusetts Legislature: https://malegislature.gov
• Massachusetts Division of Insurance: https://www.mass.gov/orgs/division-of-insurance
• Massachusetts Courts: https://www.mass.gov/courts

This template is designed for use by licensed Massachusetts attorneys. It must be customized to the specific facts. All statutory citations should be verified as current. This document does not constitute legal advice.