Learn how to file a tort claim with EEA
If you believe that you have sustained personal injury or property damage for which EEA or one of its agencies may be liable, you may file a claim under the Massachusetts Tort Claims Act.
Claims against EEA caused by the "negligent or wrongful act or omission of any public employee while acting within the scope of his office or employment" must be presented in accordance with the Massachusetts Tort Claims Act, Chapter 258 of the General Laws. Prior to filing any lawsuit against the Commonwealth, you must follow the presentment requirements set forth in Section 4 of the Massachusetts Tort Claims Act. Claims must be presented in writing within two (2) years of the date of loss.
Filing a claim
Your claim must be presented in writing to either the Attorney General or to the Secretary of EEA. A claim can be sent to the Secretary via email to EEA.Torts@mass.gov or via mail to the following address:
Rebecca L. Tepper, Secretary
Executive Office of Energy and Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
Your written claim should include the following information:
- A description of the incident
- Date and location of the incident
- The amount you are seeking in compensation
- Your contact information, including mailing address and email address
Your claim should also include supporting documents to help in addressing your claim more quickly. Supporting documents may include:
- A copy of a police accident report
- Documentation of insurance payments or deductibles paid
- The registration number of any Commonwealth vehicle involved
- Bills or estimates for property damage or personal injury claimed
- Photos of any property damage
Please be aware that the Massachusetts Tort Claims Act only allows for compensation for damages you have already incurred. EEA is unable to provide upfront compensation for any tort claim.
If you need assistance filing a claim, you should consider contacting an attorney.
After filing a claim
Once a claim has been screened by EEA, the claim will be forwarded to the appropriate agency or division for review and recommendation. EEA will make every effort to issue a formal recommendation of settlement or denial within six months from the date your claim is presented.
EEA staff members may contact you for additional information regarding your claim or to discuss potential settlement options. If your claim is denied, you may appeal to Superior Court, as provided for in the Massachusetts Tort Claims Act.
Roadway Defect Claims
If you believe that you have sustained personal injury while traveling on a parkway, boulevard or roadway under the jurisdiction of the Department of Conservation and Recreation (DCR) due solely to a defect in that boulevard or roadway, you may file a claim directly with DCR. Please see DCR’s website, DCR Property Damage or Personal Injury Claim Procedures, for more information.