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Accidents can happen in an instant, but the physical, emotional, and financial consequences can last for months or even years. Whether an injury results from a car accident, unsafe property conditions, a dog attack, or another act of negligence, Massachusetts law may allow the injured person to pursue compensation for medical expenses, lost income, pain and suffering, and other losses.
For decades, Milton personal injury attorney Dino M. Colucci and the team at Colucci, Colucci & Marcus, P.C. have represented injury victims throughout Milton, Norfolk County, and the Greater Boston area. Our team handles a wide range of personal injury matters by investigating accidents, gathering evidence, working with medical and financial experts when necessary, and advocating for clients during insurance negotiations and litigation.
On this page, you’ll learn about the types of personal injury claims commonly filed in Milton, the Massachusetts laws that affect injury cases, the compensation available to accident victims, and the steps involved in pursuing a claim.
If you have questions about your legal options after an accident, call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation.
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I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Every Injury Case Deserves Personal Attention
Confidential Consultation with Experienced Trial Attorney
Personal injury claims can arise from many different types of accidents, including motor vehicle collisions, unsafe property conditions, dog attacks, and fatal incidents caused by negligence. Each type of claim involves unique legal standards, evidence requirements, and filing deadlines under Massachusetts law.
Motor vehicle crashes are the most common source of personal injury claims in Norfolk County. Milton drivers regularly use high-volume corridors such as Route 138/Blue Hill Avenue and Route 28/Randolph Avenue, as well as nearby regional connections toward Canton and I-93. These routes can involve commuter traffic, intersection conflicts, speeding concerns, and pedestrian or bicycle safety issues.
Massachusetts operates under a no-fault auto insurance system. Personal Injury Protection (PIP) can cover medical expenses, up to 75% of lost wages, and replacement services, with a total limit of $8,000, regardless of fault. A separate auto tort threshold applies to pain-and-suffering damages: those damages generally require more than $2,000 in reasonable and necessary medical expenses or a qualifying injury such as death, loss of a body member, permanent and serious disfigurement, qualifying loss of sight or hearing, or a fracture.
Property owners in Massachusetts owe a duty of reasonable care to people lawfully on their premises. The Massachusetts Supreme Judicial Court established the modern standard for landowner liability in Mounsey v. Ellard, 363 Mass. 693 (1973), eliminating the older distinction between invitees and licensees for lawful visitors in favor of a reasonable-care standard.
A property owner who fails to maintain safe conditions may be held liable for injuries that result. Common examples in Milton include icy parking lots, broken stairs, inadequate lighting, and uneven pavement at commercial properties.
Massachusetts imposes strict liability for dog-related injuries under M.G.L. c. 140, § 155. Unlike states that follow a “one bite” rule, Massachusetts generally holds dog owners responsible even if the animal has no prior history of aggression. Statutory exceptions include situations where the injured person was trespassing, committing another tort, or teasing, tormenting, or abusing the dog at the time of the incident.
Dog bite claims may involve serious medical expenses, scarring, and injuries to children. If the injured person is under seven years old, Massachusetts law presumes the child was not trespassing, committing another tort, or teasing, tormenting, or abusing the dog unless the defendant proves otherwise.
When a person dies due to another party’s negligence, the executor or administrator of the estate may file a wrongful death action under M.G.L. c. 229, § 2. Recoverable wrongful-death damages may include funeral and burial expenses, loss of expected income, services, care, assistance, society, companionship, comfort, guidance, counsel, and advice.
In the same action, damages may also be recoverable for the decedent’s conscious suffering, but those damages are treated as assets of the estate. A wrongful death action must generally be filed within three years of the date of death or within three years of when the executor or administrator knew, or reasonably should have known, the factual basis for the claim.
The facts, evidence requirements, and deadlines can vary significantly depending on the type of personal injury claim involved. To discuss your situation with an experienced Milton personal injury attorney, call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation.
I cannot express enough gratitude for the outstanding representation and compassion I received from Colucci, Colucci & Marcus, especially Darin Colucci. From the very first conversation, Darin made me feel like more than just a client—he treated me like family. Navigating the aftermath of my accident was one of the most challenging times of my life…
Every personal injury claim filed in Milton or Norfolk County is governed by Massachusetts statutes that control who can recover, how much fault matters, and how long victims have to act.
Massachusetts follows a modified comparative negligence standard under M.G.L. c. 231, § 85. An injured person can recover damages as long as their own share of fault does not exceed 50 percent. If the victim is 51 percent or more at fault, they are barred from any recovery. When fault is shared, the victim’s compensation is reduced by their percentage of responsibility.
Insurance adjusters frequently use comparative fault arguments to reduce settlement offers, which is why it matters to have an experienced attorney evaluate fault allocation before accepting any payment. For example, if a jury in Norfolk County Superior Court finds that a Milton pedestrian was 20 percent at fault for crossing against a signal and awards $100,000 in damages, the pedestrian would receive $80,000 after the 20 percent reduction.
Massachusetts law sets strict deadlines for filing personal injury claims. Missing the applicable deadline permanently bars the claim, regardless of how strong the evidence is.
| Claim Type | Governing Statute | Filing Deadline |
|---|---|---|
| Personal Injury (General) | M.G.L. c. 260, § 2A | 3 years from injury |
| Wrongful Death | M.G.L. c. 229, § 2 | Generally 3 years from death or from when the executor or administrator knew or should have known the factual basis for the claim |
| Municipal/Government Claim | M.G.L. c. 258, § 4 | Written presentment within 2 years; lawsuit within 3 years |
| Dog Bite (Strict Liability) | Liability: M.G.L. c. 140, § 155; deadline generally governed by M.G.L. c. 260, § 2A | Generally 3 years from injury |
Key Takeaway: Massachusetts uses a modified comparative negligence rule that bars recovery when the plaintiff is more than 50 percent at fault. Most injury claims must be filed within strict statutory deadlines, making prompt legal review important.
Questions about fault or filing deadlines can have a significant impact on your ability to recover compensation after an accident. To discuss your rights under Massachusetts personal injury law, call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation.
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Dino M. Colucci is the founding partner of Colucci, Colucci & Marcus, P.C. and has represented injury victims throughout Massachusetts since 1988. A graduate of Tufts University and Suffolk University Law School, he has built a distinguished career handling complex personal injury and civil litigation matters, including nursing home negligence, product liability, motor vehicle accidents, medical malpractice, and wrongful death claims.
Dino has secured numerous seven-figure verdicts and settlements for injured clients and has earned recognition as a Massachusetts Super Lawyer every year since 2012. He has also been named to The Best Lawyers in America, received Martindale-Hubbell’s AV Preeminent Rating, and been included in the National Association of Distinguished Counsel’s Nation’s Top One Percent.
Darin Colucci is the managing partner of Colucci, Colucci & Marcus, P.C.. His practice is focused on personal injury and civil litigation. A cum laude graduate of Suffolk University Law School and former Law Review editor, he represents clients in cases involving motor vehicle accidents, premises liability, nursing home negligence, product liability, construction accidents, wrongful death, and other serious injury matters.
Throughout his career, Darin has helped obtain significant verdicts and settlements in complex injury and business litigation cases, including multi-million-dollar recoveries for injured clients. His achievements have earned him recognition as a Massachusetts Super Lawyer, inclusion among The National Trial Lawyers Top 100, and selection by the National Academy of Personal Injury Attorneys.
Matthew J. Marcus is a partner at Colucci, Colucci & Marcus, P.C. and brings decades of legal experience advising individuals and families on elder law, estate planning, disability planning, guardianships, and related legal matters. He earned his J.D. from Suffolk University Law School and later obtained an LL.M. in Taxation from Boston University School of Law, providing him with a strong foundation in both legal and financial planning issues.
Recognized as a Massachusetts Super Lawyer annually since 2006, Matthew has served in numerous leadership roles within the legal community, including as a board member of the Massachusetts chapter of the National Academy of Elder Law Attorneys and co-chair of the Boston Bar Association’s Elder Law Committee. He has also taught and lectured on elder law and estate planning topics, served as a Hearing Officer for the Massachusetts Board of Bar Overseers, and authored articles for legal publications on guardianships, estate planning, and planning for families with disabled children.
Exceptional firm! They are excellent in all the areas of law that they practice. They did an amazing job assisting my parents with their affairs in their elder years and are incredible personal injury attorneys. Our family has been using them for almost 20 years now and it’s proven to have been the best decision we ever made…
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To recover compensation in a personal injury claim, the injured person must prove that someone else’s negligence caused the accident and resulting injuries. Gathering evidence quickly after an accident in Norfolk County is critical because physical evidence deteriorates and witness memories fade.
Every negligence claim requires proof of four elements, and each must be supported by evidence gathered from the scene, medical records, and witness accounts:
Key evidence in Milton and Norfolk County cases includes the following categories, all of which should be secured as quickly as possible after an injury:
Key Takeaway: Proving negligence requires evidence of duty, breach, causation, and damages. Collecting police reports, medical records, and photographs immediately after an accident in Milton strengthens your ability to recover full compensation.
The strength of a personal injury claim often depends on the quality of the evidence available and how effectively it establishes negligence. If you were injured in Milton or elsewhere in Norfolk County, call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation about protecting your rights and building a strong claim.
Massachusetts personal injury law allows victims to recover both economic and non-economic damages. The amount of compensation depends on the severity of injuries, the clarity of liability, available insurance coverage, and any shared fault.
Economic damages compensate for financial losses that can be calculated with documentation. These include past and future medical expenses, lost income, loss of earning capacity, rehabilitation costs, and out-of-pocket expenses related to the injury. In large claims heard in Norfolk County Superior Court, expert economic testimony is often necessary to project future medical needs and lost earning capacity over the plaintiff’s expected lifetime.
Massachusetts does not impose a general statutory cap on pain-and-suffering damages in most non-medical-malpractice, non-government personal injury cases. Non-economic damages account for physical pain, emotional distress, loss of enjoyment of life, and scarring or disfigurement. The value of these damages depends heavily on the severity and permanence of the injuries and on how effectively the plaintiff’s attorney presents the human impact to a jury or insurance adjuster.
Key Takeaway: Injury victims in Massachusetts may recover both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). There is no statutory cap on pain and suffering in most civil personal injury cases.
Calculating damages requires more than adding up medical bills, particularly when an injury affects future income, daily activities, or quality of life. Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation to learn how Massachusetts law may apply to your claim.
Colucci, Colucci & Marcus, P.C. represents clients throughout Norfolk County and the surrounding area. Our team handles cases for clients in:
An uninsured motorist struck me from behind at the end of my driveway while I was shoveling. And was seriously injured. My case was handled with the highest expertise, support and with excellent customer service. I did not expect to have it settled so quickly and was pleasantly surprised with the results. I highly recommend this group…
I had a wonderful experience with Dino and his entire team from CCM when I was involved in an accident while cycling at fault of a motor vehicle driver resulting in multiple injuries. Dino was compassionate and actionable when we first got in touch, and throughout the entire settlement process always made himself available for any questions I had…
If you or a family member has been injured in an accident in Milton or anywhere in Norfolk County, the time to act is now. Massachusetts law limits how long you have to file a claim, and critical evidence, including surveillance footage, witness memories, and physical conditions at the accident scene, can disappear quickly.
Attorney Dino M. Colucci and our team at Colucci, Colucci & Marcus, P.C. have represented injury victims across Norfolk County for decades. Our attorneys have extensive experience in Norfolk County Superior Court and work with local medical providers, accident reconstruction experts, and economic analysts to build strong claims. Whether your case involves a car accident on Route 138, a slip and fall at a local business, or a personal injury claim against a municipality, we have the resources to pursue the compensation you deserve.
Contact Colucci, Colucci & Marcus, P.C. today at (617) 698-6000 for a free, no-obligation consultation. Our office at 424 Adams St #101, Milton, MA serves Milton, Canton, Quincy, Randolph, Braintree, and all of Norfolk County, Massachusetts.
The general statute of limitations is three years from the date of injury under M.G.L. c. 260, § 2A. Many claims against a municipality require written presentment within two years, but defective public road, sidewalk, and snow/ice claims may have separate notice requirements, including possible 30-day written notice rules.
Case value depends on the severity of your injuries, the clarity of liability, available insurance policy limits, your percentage of shared fault, and the impact of injuries on your daily life and ability to work. There is no reliable formula without reviewing the specific facts of your case.
Most personal injury cases in Norfolk County settle without going to trial. However, Colucci, Colucci & Marcus, P.C. prepares every case as if it will go to court, which gives clients maximum leverage during settlement negotiations. The client always has the final say on whether to accept a settlement offer.
Yes, as long as your share of fault does not exceed 50 percent. Under M.G.L. c. 231, § 85, your compensation is reduced by your percentage of fault. If you are found 51 percent or more at fault, you are barred from recovering any damages. An attorney can help challenge inflated fault assessments made by insurance adjusters.
Yes, but the process is more complicated than suing a private party. The Massachusetts Tort Claims Act, M.G.L. c. 258, requires a written presentment letter to the municipality before filing a lawsuit. A written presentment letter generally must be submitted within two years, and any lawsuit generally must be filed within three years. Damages against public employers are generally capped at $100,000, subject to statutory exceptions.
Any injury caused by another party’s negligence may support a personal injury claim. Common qualifying injuries include fractures, traumatic brain injuries, spinal cord injuries, soft tissue damage, burns, scarring, and psychological harm. For auto accident claims involving pain and- suffering damages, the injured person generally must meet the motor vehicle tort threshold under M.G.L. c. 231, § 6D.
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…
Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…