Motorcycle Accident Funding in Massachusetts

Massachusetts Motorcycle Accident Lawsuit Funding

State rules that shape pre-settlement funding for Massachusetts motorcycle accident claims. Three-year deadline, 51% fault bar, mandatory 12% prejudgment interest, helmet law.

Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.

Bills do not wait for your case.

Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.

Massachusetts law and funding terms: Motorcycle Accident Funding

The Massachusetts rules that shape this claim

The rules below shape how a Massachusetts motorcycle accident funding claim is underwritten and how quickly it can move toward resolution.

Statute of Limitations

Three years from the date of injury (Mass. Gen. Laws ch. 260, § 2A).

Comparative Fault Rule

Massachusetts applies modified comparative negligence with a 51% bar: a rider found 51% or more at fault recovers nothing (Mass. Gen. Laws ch. 231, § 85). Massachusetts is a universal helmet-law state — every rider and passenger must wear a helmet regardless of age (Mass. Gen. Laws ch. 90, § 7; IIHS, Motorcycle Helmet Use Laws by State), so helmet non-use is a routine comparative-fault argument in a contested Massachusetts motorcycle claim.

Damages Caps

No general statutory cap on economic or non-economic damages in an ordinary motorcycle personal injury claim against another driver.

Pre-Judgment Interest

Prejudgment interest in tort actions is mandatory in Massachusetts, accruing at 12% per year from the date the cause of action arose through judgment (Mass. Gen. Laws ch. 231, § 6B) — a fixed, statutory rate rather than a discretionary or market-rate calculation.

Venue

The county where the defendant resides or where the claim arose (Mass. Gen. Laws ch. 223, § 1).

Funding-Specific Statute

Massachusetts has no dedicated consumer litigation funding statute. No statutory cap.

State law

How Massachusetts regulates consumer legal funding

Statute
Massachusetts has no dedicated consumer litigation funding statute.
Rate or fee limit
No statutory cap. Massachusetts has no enacted consumer litigation funding statute; a pending bill (S.680) would create a 36% annual charge cap, but it has not passed.
Disclosure
None required by statute.

Reviewed September 17, 2026. Legal information, not legal advice.

Terms

How terms are set for Massachusetts plaintiffs

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
Typical timeline

Massachusetts's mandatory 12%-per-year prejudgment interest changes the calculus around a longer timeline for severe-injury motorcycle claims, and because motorcycles generally fall outside the compulsory PIP threshold system that constrains many car-accident claims, a serious motorcycle injury can typically proceed toward full tort recovery once liability and helmet-fault issues are resolved.

How Massachusetts law affects funding this claim

How does Massachusetts's mandatory 12% prejudgment interest affect a motorcycle claim's value?

Massachusetts requires 12%-per-year prejudgment interest in tort cases, accruing from when the claim arose until judgment is finally entered. Unlike states where prejudgment interest is discretionary or unavailable, this is a fixed statutory add-on that grows steadily with the length of the case.

For a severe-injury motorcycle claim that takes an extended period to resolve — while treatment, prognosis, and liability disputes play out — that mandatory 12% accrual is a quantifiable, favorable factor in evaluating total case value as the timeline extends.

Does Massachusetts's no-fault PIP system limit a motorcyclist's right to sue?

Massachusetts's compulsory personal injury protection system is built around motor vehicle policies that generally do not extend the same PIP threshold requirements to motorcycles the way they do to cars, so a motorcyclist's injury claim is generally not subject to the same tort-threshold limitation a car-accident claimant would face.

That distinction lets a motorcycle injury claim in Massachusetts generally proceed as an ordinary tort action without first clearing the medical-expense threshold that applies to a PIP-eligible car-accident claim. Confirm the precise statutory treatment against the current Massachusetts PIP statute before relying on it for a specific claim.

How does Massachusetts's universal helmet law interact with the 51% bar?

Because every rider must wear a helmet under state law, insurers routinely raise non-use as comparative fault after a contested crash. Under the 51% bar, that argument can eliminate the claim entirely if it pushes the rider's fault share past half.

Documentation showing the helmet was worn and compliant is one of the highest-value early steps in a Massachusetts motorcycle claim, given both the fault bar and the state's otherwise favorable mandatory-interest and no-fault-exclusion posture for motorcyclists.

FAQ

Motorcycle Accident Funding questions in Massachusetts

Sources & references

Mass. Gen. Laws ch. 260, § 2A · Mass. Gen. Laws ch. 231, § 85 · Mass. Gen. Laws ch. 90, § 7 · IIHS, Motorcycle Helmet Use Laws by State · Mass. Gen. Laws ch. 231, § 6B · Mass. Gen. Laws ch. 223, § 1 · Mass. Gen. Laws ch. 231, § 6D

Reviewed September 17, 2026. Legal information, not legal advice.

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

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