When you’ve been injured in a car accident, you might not know your legal rights or where to turn. Our law firm serves as a trusted advisor and advocate so you and your family can recover and move on with your life. Our experienced legal team will battle with insurance companies so you don’t have to. This firm gets 1/3rd of your award or settlement, which is typical of most personal injury firms. An award can cover the cost of medical bills and lost wages, and in some cases, pain and suffering.
In Massachusetts, once you reach $2,000 in medical bills, you are eligible for a settlement for your injuries. The exception to this minimum threshold is if you have a scar or a broken bone. Massachusetts is a no-fault state which means you are eligible to recover even if the other driver was not at fault. It follows the modified comparative fault rule, capped at 51%. This means the plaintiff can recover damages as long as he or she is not more at fault than the defendant, but the award will be reduced by the percentage that the plaintiff was liable.
First, we look at whether you are disabled (total or partial). We also look at the extent of your medical treatment and examine the discharge report at the conclusion of treatment. Please make sure you attend all medical appointments. Next, we will look at damage to your car and whether it is a total loss or just needs repairs. All of these factor into your settlement.
Personal Injury Protection (PIP) coverage is available to all vehicle owners whose vehicles are registered in Massachusetts. PIP is available regardless of fault for medical expenses, funeral expenses, 75% of lost wages for all those injured in your vehicle. PIP is capped at $8,000 per person.
There is also Massachusetts Car Accident Liability coverage (a.k.a. “20/40 coverage”) every vehicle insured in Massachusetts is covered up to $20,000 for each person injured (but capped at $40,000 for all people injured in the accident). This covers medical, pain and suffering, lost wages and is paid by the insurance company of the driver who is at fault.
Uninsured/ underinsured – you can collect this from the policy on the car you were in at the time of the accident even if they don’t reside in your household. You can use this coverage if your injuries are worth more than the coverage on the other driver’s policy or if that driver does not have insurance at all.
Medical Payment Coverage (“MedPay”) – this is not mandatory in Massachusetts. If you have this coverage then $5000 or more is available to pay for your medical expenses or those of anyone else injured in your vehicle.
Injured parties should be aware of statutes of limitation. Generally speaking the statute of limitation for personal injury cases in Massachusetts is 3 years (there are some exceptions). As lawyers, we serve as advocates for you and will go to bat in fighting for you with the insurance company. Call or text (703) 898-0975 today to reach someone on your side.