What types of personal injury cases do Boston lawyers handle?
Boston personal injury attorneys represent clients injured by someone else's negligence or wrongful actions. The most common cases include car accidents, slip and falls on poorly maintained property, medical malpractice, and workplace injuries.
Massachusetts lawyers also handle truck accidents, bicycle crashes, pedestrian accidents, and dog bites. Product liability cases involve defective consumer goods or dangerous medications. Wrongful death claims arise when negligence causes a fatal injury.
Each case type has unique legal requirements under Massachusetts law. An experienced attorney will know which statutes apply to your specific situation and how to build a strong claim.
How long do I have to file a personal injury lawsuit in Massachusetts?
You have three years from the date of injury to file a personal injury lawsuit under M.G.L. Chapter 260, § 2A. Missing this deadline means losing your right to compensation permanently.
Some situations have shorter deadlines. Claims against government entities require filing a notice within specific timeframes—often just months after the incident. Medical malpractice cases follow different rules under M.G.L. Chapter 260, § 2D.
Start the legal process early to preserve evidence and witness testimony. Waiting too long weakens your case even if you're within the statute of limitations.
How much does a personal injury lawyer cost in Boston?
Most Boston personal injury attorneys work on contingency fees, meaning they only get paid if you win. The typical fee ranges from 33% to 40% of your settlement or court award.
You pay nothing upfront for legal representation. The lawyer covers case expenses like expert witnesses, medical records, and court filing fees. These costs are reimbursed from your settlement before calculating the attorney's percentage.
Ask potential lawyers about their fee structure during your free consultation. Get the agreement in writing so you understand exactly what you'll owe if your case succeeds.
What should I look for when choosing a personal injury lawyer?
Start with trial experience—not just settlement negotiations. Insurance companies offer better settlements when they know your lawyer will take the case to court if needed.
Check their track record with cases similar to yours. A lawyer who handles car accidents may not be the best choice for medical malpractice. Look for client reviews, professional ratings, and bar association records.
Schedule consultations with at least three attorneys before deciding. Ask about their caseload, communication style, and specific strategy for your situation. Trust your instincts about who will fight hardest for your interests.
How does Massachusetts comparative negligence affect my case?
Massachusetts follows a modified comparative negligence rule under M.G.L. Chapter 231, § 85. You can recover damages even if you're partially at fault—unless you're more than 50% responsible.
Your compensation decreases by your percentage of fault. If you're 20% at fault in a car accident with $100,000 in damages, you receive $80,000. Being 51% or more at fault means you get nothing.
Insurance companies often exaggerate your fault to reduce payouts. A skilled attorney challenges these tactics with evidence like traffic camera footage, witness statements, and accident reconstruction experts.
What damages can I recover in a Boston personal injury case?
Economic damages cover measurable losses like medical bills, lost wages, and property damage. Keep detailed records of all accident-related expenses, including prescriptions, therapy sessions, and transportation to medical appointments.
Non-economic damages compensate for pain and suffering, emotional distress, and reduced quality of life. Massachusetts doesn't cap these damages in most personal injury cases, unlike some states.
Punitive damages are rare and only awarded when the defendant's conduct was extremely reckless or malicious. Your lawyer will explain which damages apply to your specific situation and how to prove their value.
How long does a personal injury case take in Massachusetts?
Simple cases with clear liability and minor injuries often settle within 3 to 6 months. Complex cases involving severe injuries or disputed fault can take 1 to 3 years or longer.
Settlement negotiations happen before trial in most cases. Going to court adds significant time but may result in higher compensation. Massachusetts courts face backlogs that can delay trial dates.
Don't rush to settle before reaching maximum medical improvement. Early settlements often undervalue long-term complications and future medical needs.
What should I do immediately after an injury in Boston?
Seek medical attention right away, even if injuries seem minor. Some conditions, like traumatic brain injuries, don't show symptoms immediately. Medical records become crucial evidence linking your injuries to the accident.
Document everything at the scene if possible. Take photos of injuries, property damage, and hazardous conditions. Get contact information from witnesses—their statements can prove liability.
Report the incident to the relevant authorities. Call the police for car accidents, notify property owners of slip and falls, and file workplace injury reports. Avoid giving recorded statements to insurance adjusters before consulting an attorney.
Do I need a lawyer if the insurance company offers a settlement?
Insurance companies protect their profits, not your interests. Early settlement offers typically undervalue claims before you know the full extent of injuries and financial losses.
A Boston personal injury attorney understands Massachusetts law and insurance tactics. They calculate the true value of your claim including future medical costs, lost earning capacity, and non-economic damages.
You lose nothing by getting legal advice during a free consultation. Once you sign a settlement release, you can't seek additional compensation later—even if complications arise.
What makes a Boston personal injury lawyer better than one from outside Massachusetts?
Massachusetts has unique laws that out-of-state attorneys may not understand. Local lawyers know Suffolk County court procedures, Boston municipal regulations, and how local juries typically respond to injury cases.
Boston attorneys have established relationships with medical experts, accident reconstructionists, and other professionals needed to build strong cases. They understand how Massachusetts insurance companies operate and which tactics they use.
Familiarity with Boston neighborhoods, traffic patterns, and common accident locations helps your lawyer investigate effectively. They can visit accident scenes quickly and understand local factors that influenced your injury.
Can I switch lawyers if I'm unhappy with my current attorney?
You have the right to change lawyers at any time during your case. Massachusetts Rule of Professional Conduct 1.16 allows clients to terminate representation for any reason.
Your new attorney will file a substitution of counsel with the court. The previous lawyer may claim compensation for work already completed, but this comes from your final settlement—not out of pocket.
Address concerns with your current lawyer first. Sometimes communication issues can be resolved without switching representation. If problems persist, don't hesitate to find an attorney who better meets your needs.
What questions should I ask during a free consultation?
Ask about the lawyer's specific experience with cases like yours—not just years of practice. Find out how many similar cases they've handled and what results they achieved.
Discuss their approach to your case. Will they negotiate first or prepare for trial immediately? Who will handle your case day-to-day? The attorney you meet or a junior associate?
Clarify the fee structure and potential case expenses. Ask about their caseload and how quickly they typically respond to client questions. Understanding their communication style prevents frustration later.
