If you’ve been injured in an accident in Massachusetts, you may have questions about your legal rights, insurance coverage, and what to do next. Whether it happened on a highway in Boston or a side street in Springfield, it’s important to understand how state laws affect your options. This guide covers common questions injury victims and their families often ask after an accident in Massachusetts.
How long do I have to file a personal injury lawsuit in Massachusetts?
In Massachusetts, you have three years from the date of the accident to file a personal injury lawsuit. This deadline also applies to wrongful death claims. If you miss the deadline, you could lose your right to seek compensation. It’s always a good idea to act quickly and consult with an attorney to protect your claim.
What should I do immediately after an accident?
Start by calling 911 to report the accident and get medical help. Exchange information with the other party and document the scene with photos if it’s safe to do so. Even if you feel fine, get checked by a doctor. Then notify your insurance company and consider speaking with a lawyer before making any statements.
Is Massachusetts a no-fault state for car accidents?
Yes. Massachusetts uses a no-fault insurance system, which means your own insurance company pays for your medical bills and lost wages regardless of who caused the accident. This is called Personal Injury Protection (PIP). You can only sue the other driver if your injuries are serious or your expenses exceed a certain threshold.
Can I still get compensation if I was partly at fault?
Yes, as long as you were not more than 50 percent responsible for the accident. Massachusetts follows a modified comparative negligence rule. If you were 50 percent or less at fault, your compensation will be reduced by your percentage of fault. If you were more than 50 percent at fault, you cannot recover damages.
What types of damages can I recover in a personal injury case?
You may be able to recover compensation for medical expenses, lost income, property damage, and pain and suffering. In cases of long-term injury, you could also be eligible for future medical costs and loss of earning capacity. The total value depends on your case and the impact of the injury on your life.
How do I get a copy of a police report in Massachusetts?
You can request a crash report from the local police department that responded to the accident or from the Massachusetts Registry of Motor Vehicles. Visit https://www.mass.gov for details on how to request a copy online or by mail. You’ll need the date, location, and names of people involved.
What if someone died in the accident?
If a loved one was killed due to someone else’s negligence, you may be able to file a wrongful death lawsuit. In Massachusetts, these claims are usually brought by the executor or administrator of the deceased person’s estate. Compensation may include funeral expenses, lost financial support, and emotional distress. The claim must be filed within three years of the date of death.
What happens if the at-fault driver has no insurance?
If you’re hit by an uninsured driver, you may still have coverage through your own Uninsured Motorist (UM) policy. In Massachusetts, this type of coverage is required as part of every auto insurance policy. It helps cover your medical bills, lost income, and other damages. You may also consider filing a lawsuit directly against the driver, but collecting compensation may be difficult.
Are there financial resources for accident victims?
Yes. You may be eligible for MassHealth (Medicaid), SNAP, or state disability assistance if you cannot work. If the accident involved a crime, the Massachusetts Victim Compensation Program may also help with medical costs, counseling, or lost wages. These programs can support your recovery while you wait for your legal case to progress.
Should I accept the insurance company’s first settlement offer?
It’s usually not a good idea to accept the first offer without reviewing it carefully. Insurance companies may offer less than your claim is worth. Once you sign a settlement agreement, you typically can’t ask for more money later. A personal injury lawyer can help you evaluate the offer and negotiate a fair settlement.
Can I sue the government if I was injured on public property?
Yes, but there are specific rules and time limits for filing claims against government agencies. In Massachusetts, you usually need to file a notice of claim within two years. These cases can be more complex and may have limits on how much compensation you can recover. It’s important to consult a lawyer right away if a government entity is involved.
What should I do if I was injured while working?
If you were injured on the job, you may be entitled to workers’ compensation benefits. These include medical care, wage replacement, and compensation for any lasting disability. You must report the injury to your employer and file a claim with the Massachusetts Department of Industrial Accidents. In some cases, you may also have a separate personal injury claim if a third party caused the injury.
How long does a personal injury case take?
It depends on how serious your injuries are and whether the insurance company is willing to negotiate. Some cases settle within a few months, while others take a year or more, especially if they go to court. Your attorney can help move the case along and ensure deadlines are met.
Do I need a personal injury lawyer?
While it’s not required, hiring a lawyer can make a big difference in your case. A lawyer can gather evidence, deal with insurers, and fight for the compensation you deserve. Most personal injury lawyers in Massachusetts work on a contingency fee basis, which means you don’t pay unless they win your case.