Personal injury · Massachusetts

Frequently asked questions

Straight answers to the questions we hear most from people hurt in accidents in Massachusetts. Don't see yours? Ask us. Consultations are free.

Getting started

Do I have a personal injury case?

You may have a case if someone else's carelessness caused your injury and you have real losses, like medical bills, lost wages or pain and suffering. The fastest way to find out is our free Do I have a case? checker, or a free consultation with our team.

How much does a consultation cost?

Nothing. Consultations are free, and you're under no obligation to hire us.

How do you get paid?

We work on a contingency fee: our fee is a percentage of the money we recover for you, agreed in writing before we start. If we don't win, you don't pay a fee. We'll explain exactly how fees and case costs work before you sign anything.

What should I bring to my first meeting?

Whatever you have: the police or incident report number, photos, insurance information, medical records or bills, and any letters from insurance companies. Don't worry if you don't have much; we can gather most of it for you.

Do you only handle cases in Boston?

No. We help injured people across Massachusetts, from Boston and Worcester to the South Shore, Cape Cod and Western Mass. We can meet in person, by phone or by video.

After an accident

What should I do right after an accident?

Get medical care first. Then, if you can: call the police, take photos of the scene, vehicles and injuries, get names and contact details of witnesses, and keep every bill and record. Avoid posting about the accident on social media.

Should I see a doctor even if I feel fine?

Yes. Injuries like concussions, whiplash and internal injuries can take days to show up. Seeing a doctor protects your health and creates a record linking your injuries to the accident.

How do I get a copy of my accident report?

For most crashes, you can request the report from the police department that responded. Massachusetts drivers must also file a Motor Vehicle Crash Operator Report with the RMV, local police and their insurer within 5 days if anyone was hurt or damage was over $1,000. We can request reports for our clients.

Should I talk to the other driver's insurance company?

Be careful. You don't have to give the other driver's insurer a recorded statement, and what you say can be used to reduce your claim. It's a good idea to talk to a lawyer before you do.

Should I accept the insurance company's first offer?

Not before you understand what your claim is worth. Early offers are often low, and once you sign a release you usually can't ask for more, even if your injuries turn out to be worse.

Massachusetts car accident rules

What is PIP and how does it work?

Personal Injury Protection (PIP) is part of every Massachusetts auto policy. It usually pays up to $8,000 of your medical bills, lost wages and replacement services after a crash, no matter who was at fault. If you have private health insurance, PIP may be limited to $2,000 and your health plan covers the rest.

Can I sue for pain and suffering after a car accident?

In Massachusetts, you can claim pain and suffering against the at-fault driver if your reasonable medical bills are more than $2,000, or if you have a serious injury such as a broken bone, permanent injury, serious disfigurement, or loss of sight or hearing.

What if I was partly at fault?

You can still recover in Massachusetts as long as you were not more at fault than the people you're claiming against (50% or less). Your compensation is reduced by your share of the fault.

What if the driver who hit me had no insurance or not enough?

You may be able to claim against your own policy's uninsured or underinsured motorist coverage. Every Massachusetts auto policy includes uninsured motorist coverage.

What if I was hit while in an Uber or Lyft?

Rideshare companies carry insurance that can apply depending on whether the driver was logged in, waiting for a ride, or carrying a passenger. These cases have extra layers of insurance, so it helps to have a lawyer sort them out.

Deadlines

How long do I have to file a personal injury claim in Massachusetts?

In most cases, 3 years from the date of the injury to file a lawsuit. Some cases have shorter deadlines or notice rules, so don't wait. Our case checker estimates your deadline.

Are deadlines different if a city, town or the state is involved?

Yes. Claims against public entities usually need a formal written notice (called a presentment) within 2 years, and injuries caused by a defect in a public road or sidewalk require written notice to the city or town within 30 days. Damages may also be capped.

What about wrongful death or injuries to a child?

A wrongful death claim generally must be filed within 3 years of the date of death. For a minor, the deadline usually doesn't start running until they turn 18, though there are exceptions.

Your case

How much is my case worth?

It depends on your medical bills, lost income, how serious and long-lasting your injuries are, who was at fault, and the insurance available. No honest lawyer can promise a number at the start, but we'll explain the factors in your case and keep you updated.

How long will my case take?

Many cases settle within months after treatment ends; cases that go to court can take a year or more. We usually wait until we know the full extent of your injuries before negotiating, so you don't settle too early.

Will my case go to trial?

Most personal injury cases settle without a trial. We prepare every case as if it could go to court, which tends to lead to better offers.

Do I have to pay medical bills while my case is pending?

PIP and your health insurance usually cover bills along the way. If there are gaps, tell us; we can often work with providers while the case is open.

Can I switch lawyers if I already have one?

Yes. You can change lawyers at any time. Your new lawyer handles the transfer of your file.

Other injuries

What should I do after a dog bite?

Get medical care, then get the owner's name and address and report the bite to the local animal control officer. Under the Massachusetts dog bite law, the owner or keeper is usually responsible unless the injured person was trespassing, teasing or abusing the dog.

Can I make a claim if I slipped and fell on someone's property?

Property owners must keep their property reasonably safe, including from snow and ice. Take photos of what caused the fall right away, report it, and keep your shoes and clothing. If it happened on a public sidewalk or road, the 30-day notice rule may apply.

Not sure where you stand?

Take our 60-second case checker or talk to our team for free.

Do I have a case?Call 508-888-8888

This page provides general information about Massachusetts law, not legal advice for your situation. Reading it does not create an attorney-client relationship.