The tort threshold, which governs the ability to maintain a claim for bodily injury beyond the recovery available under PIP, including for pain and suffering, A tort case in Massachusetts is a legal claim or action against a civil wrong.Negligence claims include motor vehicle accidents, slips and falls, medical malpractice, and premises liability incidents. The Massachusetts Appeals Court recently ruled in Rivera v. An auto insurance policy is a contract between you and an insurance company. You agree to pay the cost of the insurance policy, called a premium. Negligence is the most common type of tort and can be either intentional or unintentional. TORT: To commit a tort is to act in a manner that is wrongful and injurious toward another. A class action is filled on behalf of all potential plaintiffs in a single court. Negligence is failing to act with a level of care that a reasonable person would have used in the same situation.