Being involved in a car crash can have a lasting impact on you and your family. Depending on the severity of your injuries, you may face an expensive and lengthy recovery period. However, you may qualify for damages to cover your medical bills and other crash-related expenses. A car accident lawyer in Boston, MA, will help you file a claim.
DiBella Law Offices have nearly 20 years of experience helping hardworking people find solutions to their problems. Our Boston personal injury attorneys will review the details of your collision and give you all the information you need to make informed decisions about your case. Contact us today for a free legal consultation.
Protect Your Rights Before Insurance Companies in Boston
Since Massachusetts is a no-fault auto insurance state, any driver involved in a collision in Boston must report the accident to their insurance company. If you are eligible for benefits, your own insurance company will pay them.
While this may seem straightforward, no-fault auto insurance has its complications. The first issue is that filing a lawsuit in a no-fault insurance state is more challenging. These states, including Massachusetts, often put limits on filing a lawsuit. The first requirement for suing after a car accident in Boston is that your medical expenses must total $2,000 or more.
The next issue is dealing with the insurance company. Claims adjusters are not interested in treating you fairly. They are interested in keeping as much money for profit as possible. They will often offer very low and unfair settlements.
For these reasons, anyone hurt in a Boston car accident should consult a personal injury attorney first. We can speak to the insurance company on your behalf and ensure no expense is overlooked. If the insurance company doesn’t play nice, we can take them to court.
Available Damages After a Boston Car Crash
You could claim financial compensation if someone’s reckless or negligent actions caused the collision. Our experienced car accident lawyers in Boston, MA, will use all available evidence to quantify your losses. We may also collaborate with experts to assess your future expenses.
As a car accident victim, you could receive the following economic and non-economic damages:
- Medical bills and future medical expenses
- Lost earnings and loss of earning potential
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
Our legal team will closely investigate the circumstances of your accident and use a wide range of evidence to build a strong case.
Evidence We Gather To Prove Damages
We will collect police reports, witness statements, medical records, surveillance footage, and expert opinions. Trust us to handle all legal aspects of your case as you focus on healing.
Boston Car Accident Lawyer Near Me 855-DiBella
Proving Liability in a Boston Car Accident Lawsuit
In addition to meeting the requirements before filing a lawsuit, you must prove negligence by the at-fault party to win the lawsuit in Boston Municipal Court. This is difficult for non-lawyers, particularly when recovering from car accident injuries.
Your car accident attorney in Boston, MA, will establish negligence by proving the following key elements:
- Duty of care: The first element establishes that the defendant (the person being accused of negligence) owed a duty of care to the plaintiff (you). In the case of a car accident, all drivers have a legal responsibility to drive safely and follow the rules of the road.
- Breach of duty: You must show that the defendant did not live up to their duty of care. This means showing that they failed to exercise the level of care and caution expected of a reasonable person under similar circumstances. This breach could be due to speeding, distracted driving, running a red light, or driving under the influence.
- Causation: You must prove that the defendant’s breach of duty was the direct cause of the collision and resulting injuries. In other words, you must prove that the accident wouldn’t have happened if the defendant hadn’t been careless.
- Damages: As the person hurt, you must have suffered real damages from the crash. These damages can include injuries and property damage.
We recommend contacting our car crash attorneys, who can start an investigation, gather the necessary documents, and speak to witnesses. We will use evidence from multiple sources to build a strong case.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
There Can Be Multiple At-Fault Parties for a Car Accident
Your Boston car accident lawyer can also determine when more than one party was at fault. For example, you may drive down Commonwealth Avenue, and a dangerous road condition contributes to your accident.
An accident claim against the government may also be appropriate in these cases. Filing a lawsuit against the government comes with strict rules, but we can ensure those rules are followed so the case does not get thrown out.
You may be heading to New England Aquarium for a day out. While cruising down Atlantic Avenue, a car with a faulty tire has a blow-out and collides with your vehicle.
In this instance, you may be able to hold the driver of the vehicle that hit you and the tire manufacturer responsible for the collision and get compensation from both parties.
Understanding the Modified Comparative Negligence System in Massachusetts
One of the main defenses the at-fault driver will use is that you were partly to blame for the wreck. Massachusetts follows a modified comparative negligence system, meaning you can recover damages if you are 50% or less at fault.
Under this legal statute, if you were in any way to blame for the collision that caused your injuries, any compensation a jury awards you may be reduced by your percentage of fault (which the jury will also decide). For example, if the total award is $100,000, but you are found 20% at fault for the incident, you will only recover $80,000.
Part of our job as your legal team is to minimize your fault so you get the full compensation you deserve. During our legal practice, we have helped many injury victims receive the money they need, including a $190,000 settlement (in addition to accident-related damages) for a fatal head-on collision. Let us fight for your financial recovery.
The Statute of Limitations for Filing a Personal Injury Claim in Massachusetts
Generally, the statute of limitations for personal injury cases in Massachusetts is three years from the accident date. If you fail to file a lawsuit within this time frame, you may lose your right to seek compensation.
However, certain factors could influence the deadline. Therefore, taking prompt action and consulting an experienced attorney as soon as possible is essential to protect your rights.
Meeting this deadline is vital to ensuring you have the opportunity to pursue a fair resolution and receive maximum compensation. You give your attorney more time to build a strong claim on your behalf by seeking prompt legal assistance.
What To Do After a Car Accident in Boston
When cars collide, it is stressful for everyone involved. If you’re injured, it is even more upsetting. You may have questions about insurance coverage, liability, and what to do immediately after the accident. The steps you take immediately after the incident can impact the outcome of your case.
Seek Medical Care
The first thing anyone should do after an accident is to get medical attention. In the aftermath of a collision, the adrenaline rush can mask pain. Also, some injuries may not be immediately apparent, and delaying medical attention could worsen the situation.
The severity of injuries can range from a mild road rash to life-altering conditions like spinal cord damage. By seeking prompt medical care, you have the best chance at a quick and easy recovery.
Documenting your injuries is crucial for any potential legal claims or insurance purposes. Take photos of visible injuries and keep records of all medical appointments.
Report the Collision
All Boston residents are required to file a Motor Vehicle Crash Operator Report for any accident resulting in injury, death, or property damage over $1,000. It can be difficult to determine just how much property damage was done, so a general rule of thumb is to call the police for any collision more serious than a fender bender.
If there are injuries, you must contact the police right away. A police report can document those injuries and help your case if you want to file a lawsuit against the at-fault party.
Consult an Experienced Car Accident Attorney in Boston
Speak to a local personal injury lawyer. At our law firm, we are highly familiar with Massachusetts’ laws about car accidents and can help you navigate through the legal complexities. Our experienced team is dedicated to advocating for your rights and ensuring you receive fair compensation.
Speak to Our Boston Car Accident Lawyers Right Away
If you have been injured in a Boston car accident, speak to DiBella Law Offices immediately. We will speak to the insurance company on your behalf to get you the maximum settlement possible. If your case has a valid basis for a lawsuit, we will help you file and fight to get the full compensation you’re owed.
Plus, the sooner we’re on the case, the sooner we can gather evidence. We are available by appointment at our Boston office at 100 Cambridge Street, 14th Floor. Call us today to get the help you need.