What should I do immediately after a car accident in Massachusetts?
Call 911 if anyone is injured, then move to safety if possible. Massachusetts law requires you to report accidents involving injury, death, or property damage over $1,000 to police within 24 hours.
Take photos of vehicle damage, the accident scene, and any visible injuries. Exchange insurance information with other drivers and collect contact details from witnesses. Seek medical attention even if you feel fine - some injuries like whiplash don't show symptoms immediately.
Avoid admitting fault or discussing details beyond basic facts with other parties or insurance companies before consulting an attorney.
How long do I have to file a personal injury lawsuit in Massachusetts?
You have three years from the date of injury to file most personal injury lawsuits in Massachusetts. This deadline, called the statute of limitations, applies to car accidents, slip and falls, and most other injury cases.
Medical malpractice claims have a shorter timeframe - typically three years from when you discovered (or should have discovered) the malpractice. Claims against government entities require filing a notice within 30 days of the incident.
Missing these deadlines usually means losing your right to compensation permanently, so contact an attorney as soon as possible after your injury.
What damages can I recover in a Massachusetts personal injury case?
Massachusetts allows you to recover both economic and non-economic damages. Economic damages include medical bills, lost wages, property damage, and future medical expenses.
Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Massachusetts doesn't cap these damages in most cases, unlike some other states.
If the defendant's conduct was particularly reckless, you might also recover punitive damages, though these are rare in Massachusetts personal injury cases.
Do I need a lawyer for my personal injury claim?
You're not legally required to hire a lawyer, but insurance companies often offer lower settlements to unrepresented claimants. Studies show that injury victims with attorneys typically receive settlements 3-4 times higher than those who handle claims alone.
Personal injury lawyers work on contingency fees, meaning you pay nothing upfront and only pay if you win your case. Most attorneys offer free consultations to evaluate your claim.
Complex cases involving serious injuries, disputed liability, or multiple parties almost always require legal representation to maximize your recovery.
What is Massachusetts' no-fault insurance law?
Massachusetts requires all drivers to carry Personal Injury Protection (PIP) coverage of at least $8,000. This no-fault insurance pays for medical expenses and lost wages regardless of who caused the accident.
You can step outside the no-fault system and sue the at-fault driver if your medical expenses exceed $2,000 or if you suffered serious injuries like fractures, permanent disfigurement, or significant scarring.
PIP coverage also extends to pedestrians and cyclists injured by motor vehicles, even if they don't own cars themselves.
How much is my personal injury case worth?
Case value depends on several factors: severity of injuries, medical expenses, lost income, and degree of fault. Minor soft tissue injuries might settle for $5,000-$25,000, while serious injuries requiring surgery can reach six or seven figures.
Massachusetts follows a "modified comparative negligence" rule - you can recover damages even if you're partially at fault, as long as you're less than 51% responsible. Your award is reduced by your percentage of fault.
Insurance policy limits also affect case value. If the at-fault party has minimal coverage, that may cap your recovery unless they have significant personal assets.
What evidence should I preserve after an injury?
Document everything related to your injury and its impact on your life. Keep all medical records, bills, and receipts for accident-related expenses. Take photos of your injuries as they heal and any property damage.
Save pay stubs and tax returns to prove lost income. Keep a daily journal noting your pain levels, limitations, and how the injury affects your daily activities.
Preserve physical evidence like damaged clothing, defective products, or anything else that contributed to your accident. This evidence becomes harder to obtain as time passes.
