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Disclaimer - By publishing this information on this Web site, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.
Posted On: April 10, 2012

MBTA Wants $100,000 Limit on Personal Injury Lawsuit Awards

Clearly, we’re all aware that the MBTA is in dire straits and is desperately trying to cut costs. The issue of cutting T services and/or hiking T fares has been the most prominent issue, which is reasonable given that such changes would impact a great number of Massachusetts residents on a daily basis. But another less-public issue revolves around tort reform, an issue that is less broadly applicable, but may cut more deeply into some individuals’ lives. And, of course, this is a particularly relevant issue for personal injury lawyers like us.

In short, the MBTA is seeking to cap personal injury awards at $100,000 in an effort they say could save the agency $4 million per year. What some people might not realize is that serious MBTA injuries have been considered unique, subject to an exception to the $100,000 cap on personal injury awards that are imposed on similar judgments against all other state agencies.

Hiking fare evasion fines? OK, reasonable. Moderate increase in T fares? Controversial, but still logical. Limiting the recovery of seriously injured passengers with life-changing injuries? Perhaps in a league of its own. According to reports, this issue was scheduled to be heard by the joint Transportation Committee this past week.

T seeks to cap injury lawsuit awards at $100G, BostonHerald.com, April 8, 2012

By publishing this information on this Web site, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.