Massachusetts Car Accident Attorney

What Types of Compensation Can I Recover If I Win My Massachusetts Car Accident Case?

Under Massachusetts law, Personal Injury Protection (PIP) insurance coverage pays out to cover your medical care and lost wages until you reach the policy limits. This policy applies regardless of fault. If you have serious injuries, you can file a fault-based claim and seek compensation based on the at-fault party’s insurance coverage. This could allow you to receive money for your:

• Medical expenses, including future care costs
• Lost income
• Loss of earning capacity for permanent injuries
• Property damage, such as vehicle repair or replacement
• Related out-of-pocket expenses
• Pain and suffering
• Diminished quality of life
• Other intangible losses

Wrongful Death Damages

Applicable laws allow the executor of the estate or personal representative of a victim who dies from their injuries to pursue a wrongful death case on behalf of surviving family members. This could allow them to recover money for:

• Loss of income and services that the victim would have provided
• Loss of companionship, comfort, guidance, and support
• Funeral and burial expenses
• Conscious pain and suffering of the decedent

Our Team Connects Car Accident Victims With Our Co-Counsels Near Them

At The Goldwater Law Firm, we work with law firm partners to serve people in all 50 states. If you have serious injuries, we can connect you with a car accident lawyer near you to navigate the claims process and seek a payout based on your expenses and losses.

We are an award-winning law firm that knows how to get results. We have strategic partnerships with some of the most successful and largest firms nationwide. All our law firm partners represent clients based on contingency. You will not need to pay upfront for legal representation or advocacy. You will only pay from the money they recover for you.

We know you are likely frustrated, anxious, and unsure about what to do next. Let us assess your case and help you understand your rights. Contact us today for your free case review.

Your Attorney Will Know How Massachusetts Car Accident Law Works

Massachusetts uses a no-fault insurance system for car accident claims. After a crash, each driver turns to their own PIP insurance policy to cover medical bills and lost wages. This policy pays for documented losses up to the policy maximum, no matter who caused the accident.

However, if their injuries meet a certain threshold, the victim can step outside the no-fault system and file a claim against the at-fault driver. This action could allow them to recover additional damages and non-economic losses.

Under M.G.L. c. 231, § 6D, Massachusetts law defines serious injuries as those that involve:

• Reasonable and necessary medical expenses exceeding $2,000
• Permanent and serious disfigurement
• A fracture
• Loss of a body part
• Loss of sight or hearing
• Death

If you show you suffered any of these injuries, you can sue the at-fault driver or another liable party for additional damages beyond your PIP coverage.

How Careless or Reckless Drivers Cause Serious Injury Accidents in Massachusetts

Negligent drivers can cause serious injury accidents in many ways. They all involve reckless, careless, negligent, or unsafe behaviors. This could include:

• Distracted driving, such as texting, eating, or talking on the phone
• Driving under the influence of alcohol or drugs
• Speeding or driving too fast for conditions
• Reckless or aggressive driving
• Failure to yield
• Running red lights or stop signs
• Drowsy driving or falling asleep at the wheel
• Inadequate vehicle maintenance
• Improper lane changes or failure to signal

These actions can result in significant injuries, ranging from broken bones and spinal cord damage to head trauma and fatalities. To hold a driver accountable, your attorney will build a compelling case showing what led to the crash and who was responsible.

Depending on the circumstances of your case, we may be able to hold more than one party liable, such as in a truck accident.

Evidence Necessary to Win a Massachusetts Car Accident Case

To recover fair compensation in a Massachusetts crash case, your attorney will build a strong argument to prove the seriousness of the injuries, establish fault in the accident, and show that the responsible party is liable. This could require gathering, preserving, and analyzing evidence that includes:

• Relevant medical records and bills
• Expert medical testimony
• Police accident reports and other official documentation
• Photos of the accident scene, vehicle damage, and injuries
• Traffic citations issued to the at-fault driver
• Witness statements or testimony
• Dashcam or surveillance footage
• Expert testimony from accident reconstruction specialists
• Vehicle damage reports
• Insurance policy documents
• Evidence of lost income or diminished earning capacity

A car accident attorney from one of our co-counsels near you can investigate what happened and develop a strong case that compels the at-fault driver’s insurance company or a trial jury to establish that you qualify for compensation.

How Will a Car Accident Attorney Recover Compensation for Me in My Case?

Working with one of our law firm partners allows you to focus on healing from your injuries and returning to your normal activities when possible. Your lawyer will preserve evidence, protect your rights, and deal with the insurance companies while you recover and rehabilitate from your injuries.

Many of these cases settle through an attorney’s negotiations with the at-fault driver’s insurance carrier. They present a convincing case and demand that the insurer cover the cost of the expenses and losses incurred. The insurance adjuster agrees, and the victim receives a payout.

When the insurance company refuses a fair payout, victims may have to file a lawsuit against the at-fault party. If this happens in your case, your attorney will manage the process and protect your rights throughout. The deadline to file a lawsuit is:

• Three years from the accident date for a personal injury lawsuit, based on Massachusetts General Laws c. 260, § 2A
• Three years from the date of your loved one’s passing for a wrongful death lawsuit, under Massachusetts General Laws c. 229, § 2

A lawyer from our co-counsel near you can ensure you meet the applicable deadline and your lawsuit is filed on time. They will also represent and advocate for you throughout this process, presenting a strong case at trial and asking the jury to award you fair compensation.