Massachusetts Injuries

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New Bedford roadwork just broke my leg do I have to notify the city now?

If a lane shift on Route 18 in New Bedford or a city work zone by the Coggeshall Street bridge just put you in an ambulance, yes - if a city, state agency, or other public entity may be responsible, you need a special notice fast. The normal insurance claim routine is not enough.

Massachusetts uses the Massachusetts Tort Claims Act, G.L. c. 258. That means you usually cannot just sue a public entity like you would a private driver or contractor. You must make presentment - a written claim sent to the correct government official - within 2 years of the injury. If you miss that, your case can die even if the facts are strong.

For a city claim, presentment goes to the Mayor of New Bedford. For a state claim, it goes to the executive officer of the agency involved, such as MassDOT. Then the lawsuit deadline is usually 3 years from the injury date.

Here is how this plays out in real life: a veteran is driving through summer construction near Route 140 where barrels shove traffic into a rough temporary lane. A trench edge or bad steel plate throws the car, and he ends up with a fractured leg. His PIP coverage under Massachusetts no-fault may pay initial medical bills and lost wages, and his VA treatment may cover care too. That does not count as notice to the city or state. The VA, your auto insurer, and the government claim system do not talk to each other.

What to lock down immediately:

  • Photos of the lane shift, plates, barrels, signs, skid marks, and equipment
  • The exact location, time, and which public entity was on site
  • Police report number and ambulance records
  • Names of any flaggers, truck markings, and contractors

Do not assume "they know it happened" because police came or a city crew stayed on scene. In Massachusetts, that assumption wrecks claims.

by Danny Callahan on 2026-03-25

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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