Massachusetts lawyer costs and court fees
Short answer
Massachusetts has small claims cases up to $7,000, a 3-year personal injury filing deadline, a divorce filing fee of $200. Clio does not publish a Massachusetts rate; the national average is $349 an hour. Below are the verified court fees, deadlines, fee-cap rules and free-help options, each linked to its official source.
Massachusetts legal costs at a glance
| Small claims limit | $7,000[1] |
|---|---|
| Small claims filing fee | $40 (claims of $500 or less); $50 ($501-$2,000); $100 ($2,001-$5,000); $150 ($5,001-$7,000); $150 (motor-vehicle claims above $7,000)[1] |
| Superior Court civil filing fee | $240 per plaintiff, plus a $20 security fee (G.L. c.262 §4A) and a $15 surcharge (G.L. c.262 §4C)[2] |
| Divorce filing fee | $200 + $15 surcharge[3] |
| Personal injury deadline | 3 years (M.G.L. c.260 §2A)[4] |
| Attorney fee caps | Medical malpractice, M.G.L. c.231 §60I: 40% of the first $150,000; 33 1/3% of the next $150,000; 30% of the next $200,000; 25% of any amount over $500,000.[5] |
| Average lawyer rate | No Massachusetts figure published; national average $349/hour[6] |
What lawyers charge in Massachusetts
Clio publishes state-level averages for only some states, and Massachusetts is not one of them. The national average billed rate in Clio's 2025 data is $349 per hour[6]. We do not publish an invented Massachusetts figure: ask two or three local lawyers for their hourly rate and compare it with the national number.
Illustrative budget at $349/hour (not a quote): a 1-hour consultation ≈ $349; a 5-hour document review ≈ $1,745; a 20-hour contested matter ≈ $6,980, before court fees and expenses. Many lawyers quote flat fees for routine work instead; see hourly vs flat fees.
Small claims court in Massachusetts
Small claims cases are heard in the Small Claims Session of the District Court, Boston Municipal Court, or Housing Court. You can ask for up to $7,000[1]. The $7,000 cap does not apply to motor-vehicle accident property-damage claims, and statutory damages (e.g., consumer protection or some landlord/tenant cases) may exceed it.
- Filing fee: $40 (claims of $500 or less); $50 ($501-$2,000); $100 ($2,001-$5,000); $150 ($5,001-$7,000); $150 (motor-vehicle claims above $7,000)
- Serving the other side: Service is by court mail. A $7 eFiling service fee applies if filed electronically.
- Court self-help: Massachusetts court self-help resources
See how Massachusetts compares with other states in our 50-state small claims table.
Court filing fees
Superior Court: $240 per plaintiff, plus a $20 security fee (G.L. c.262 §4A) and a $15 surcharge (G.L. c.262 §4C)[2]
Divorce: $200 + $15 surcharge[3] Probate and Family Court 'Divorce, Complaint' line; joint petitions (1A) are not listed separately.
If you cannot afford a filing fee, every state lets you ask the court to waive it; the form is usually called a fee waiver or an application to proceed without paying fees. Our divorce cost guide compares filing fees across states.
Deadlines and attorney fee rules
Personal injury filing deadline: 3 years (M.G.L. c.260 §2A)[4]. Exceptions exist (for example for minors, government defendants and medical claims), so check with a lawyer before the deadline gets close.
Contingency and fee caps: Medical malpractice, M.G.L. c.231 §60I: 40% of the first $150,000; 33 1/3% of the next $150,000; 30% of the next $200,000; 25% of any amount over $500,000.[5]
If you disagree with a lawyer's bill: the Massachusetts Bar Association Fee Arbitration Board handles fee disputes between clients and lawyers.
Free and low-cost legal help in Massachusetts
- Legal aid: MassLegalHelp. Programs funded by the Legal Services Corporation generally serve households at or below 125% of the federal poverty guidelines; in 2026 that is $19,950 a year for one person and $41,250 for a family of four in the 48 contiguous states[7].
- Lawyer referral: Massachusetts Bar Association Lawyer Referral Service.
- Before you hire: read what consultations cost and options if you can't afford a lawyer.
Frequently asked questions
What is the small claims limit in Massachusetts?
$7,000, in the Small Claims Session of the District Court, Boston Municipal Court, or Housing Court. The $7,000 cap does not apply to motor-vehicle accident property-damage claims, and statutory damages (e.g., consumer protection or some landlord/tenant cases) may exceed it.
How much does it cost to file a small claims case in Massachusetts?
$40 (claims of $500 or less); $50 ($501-$2,000); $100 ($2,001-$5,000); $150 ($5,001-$7,000); $150 (motor-vehicle claims above $7,000) Service of the papers usually costs extra.
How long do I have to file a personal injury lawsuit in Massachusetts?
Generally 3 years (M.G.L. c.260 §2A). Exceptions apply, so talk to a lawyer well before the deadline.
How much is the divorce filing fee in Massachusetts?
$200 + $15 surcharge. Probate and Family Court 'Divorce, Complaint' line; joint petitions (1A) are not listed separately. You can ask the court to waive fees if you cannot afford them.
What can I do if I think my Massachusetts lawyer overcharged me?
Ask the lawyer for an itemized bill first. If that does not resolve it, the Massachusetts Bar Association Fee Arbitration Board handles fee disputes between clients and lawyers.
Sources
- Mass.gov, File a Small Claim (checked October 11, 2026)
- Mass.gov, Superior Court Filing Fees (checked October 11, 2026)
- Mass.gov, Probate and Family Court Filing Fees (checked October 11, 2026)
- M.G.L. c.260 §2A (checked October 11, 2026)
- M.G.L. c.231 §60I (checked October 11, 2026)
- Clio, Compare Lawyer Rates (2025 Legal Trends data) (checked October 11, 2026)
- Federal Register: LSC income guidelines (2026) (checked October 11, 2026)