Massachusetts Tort Claim Presentment

Introduction

Key Things to Know

1. 1

   The deadline is strict. The claim must be presented in writing within 2 years after the date upon which the cause of action arose, and missing it can bar the claim. Reading the statute or contacting the public employer's counsel or clerk confirms the current rule for your claim.

2. 2

   One statute covers both tracks. Chapter 258, section 4 of the Massachusetts Tort Claims Act applies to claims against the Commonwealth and its agencies and to claims against cities, towns and other public employers.

3. 3

   The claim is presented to the executive officer of the public employer. For the Commonwealth and its agencies, presentment to the Attorney General is sufficient. The Attorney General accepts presentments by email to presentments@mass.gov or by mail to the Trial Division, One Ashburton Place, Boston, MA 02108.

4. 4

   For a city or town, presentment is sufficient if made to any of these officials: the mayor, city manager, town manager, corporation counsel, city solicitor, town counsel, city clerk, town clerk, chairman of the board of selectmen, or executive secretary of the board of selectmen.

5. 5

   The Attorney General publishes a presentment claim form for Commonwealth claims. It asks for the claimant's contact details, the agency and employees involved, the date and location of the incident, the nature of the claim, any vehicle registration and police report, and a signed certification that the information is true to the best of the claimant's knowledge.

6. 6

   If the executive officer does not deny the claim in writing within 6 months after it is presented, that failure is a final denial. No civil action may be brought more than 3 years after the date the cause of action accrued.

7. 7

   Public employers are not liable for interest before judgment, for punitive damages, or for any amount over $100,000 (G.L. c. 258, section 2). MBTA claims for serious bodily injury are excepted from the $100,000 limit.

Massachusetts Requirements for Notice of Claim

• Two-Year Presentment

  G.L. c. 258, section 4: present the claim in writing to the executive officer of the public employer within 2 years after the date the cause of action arose.

• Commonwealth Recipient

  G.L. c. 258, section 4: for the Commonwealth and its agencies, presentment to the Attorney General is sufficient. The Attorney General accepts email to presentments@mass.gov or mail to the Trial Division.

• City and Town Recipients

  G.L. c. 258, section 4: mayor, city manager, town manager, corporation counsel, city solicitor, town counsel, city clerk, town clerk, or the chairman or executive secretary of the board of selectmen.

• Six-Month Final Denial

  G.L. c. 258, section 4: if the executive officer does not deny the claim in writing within 6 months after presentment, that failure is a final denial.

• Three-Year Suit Limit

  G.L. c. 258, section 4: no civil action may be brought more than 3 years after the date the cause of action accrued.

• Damages Limits

  G.L. c. 258, section 2: no prejudgment interest, no punitive damages, and nothing over $100,000, except MBTA serious bodily injury claims, which are excepted from the $100,000 limit.

• Optional AG Presentment Form

  Commonwealth claims only: the Attorney General's optional presentment claim form asks for contact details, the agency and employees involved, date, location, nature of claim, any vehicle registration and police report, and a signed certification.