In densely populated metropolitan areas like Boston, car crashes are an unfortunate part of the daily routine. Approximately 400 people were killed in Boston crashes in 2016 alone, and thousands of collisions resulting in injuries occur here every year.
If you were hurt or a loved one was killed in a Boston car accident caused by another’s negligence, we may be able to help you recover compensation for your injuries, property damage, lost wages, pain and suffering, and more. At Jason Stone Injury Lawyers, our attorneys can advise you on your legal options and fight for the financial security you need to move forward with your life.
Call 800-577-5188 or contact us online to arrange your free consultation.
Damages in a Car Accident Claims
Massachusetts follows a no-fault auto insurance system, meaning you will likely turn to your own no-fault car insurance policy to pay your initial medical bills. This is true regardless of who caused your crash. These first-party benefits should pay for your medical care up to the limits of your policy, usually $8,000.00.
Insurance companies don’t play nice when it’s time to pay up following a traffic accident. Your insurance company may try to limit your medical benefits, or another driver’s insurer may attempt to deny a legitimate claim, leaving you and your family to fend for yourselves.
If you were injured in a car crash, it’s a good idea to consult with an attorney before accepting an insurance company’s settlement offer. Our lawyers know the tricks insurance companies use to unfairly limit or deny claims, and understand the extensive costs associated with crash-related injuries. Injury victims may be unable to work or face long-term medical expenses. If you have suffered injuries from a car crash, you may be able to receive compensation for:
- Additional medical expenses related to your treatment;
- Ongoing and future care;
- Wages for time you had to take off from work;
- Diminished earning capacity and lost benefits if you cannot return to work;
- Repair or replacement of your vehicle and other personal property;
- Out-of-pocket expenses related to the incident;
- Pain and suffering; and
- Emotional damages.
When it comes to insurance and car accidents, Massachusetts is a no-fault state, which means drivers carry personal injury protection (PIP) in addition to mandatory auto coverages like uninsured driver and property damage coverage. No-fault states differ from tort states in that most personal injury lawsuits are prohibited unless the accident and injuries meet specific criteria, called a tort threshold.
Under Massachusetts law, a driver’s PIP policy covers up to $8,000 per person for related damages like medical care, lost wages and professional services. This amount, however, may not be enough to pay for a victim’s total losses or complete medical needs.
Types of Car Crash Cases We Handle
At Jason Stone Injury lawyers, we can help you navigate the claims process and try to recover compensation for almost any type of car crash. We can investigate your case and help you understand your options for recovery. One study by INRIX even named Boston one of the worst cities in the world for car crashes.
Some of the most common types of car crash cases we handle include:
- Failure to yield collisions
- Left-turn collisions
- Rear-end collisions
- Drunk driving crashes
- Distracted driving crashes
- Fatigued driving crashes
- T-bone collisions
- Head-on collisions
Pursuing a Claim after a Car Accident
Additional compensation for pain and suffering and out-of-pocket expenses can only be recovered in Massachusetts if the accident and injury meet certain benchmarks.
Specifically, a car crash must cause a victim to suffer:
- More than $2,000 in reasonable and necessary medical expenses
- An injury necessitating amputation
- Permanent eye damage or total vision loss
- Permanent hearing loss
- Broken bones
If injuries sustained in a collision result in the victim’s death, surviving family members can seek compensation through a wrongful death claim.
How is Fault Determined in Massachusetts Car Accidents?
Just as all Massachusetts drivers are required to carry auto insurance, all drivers are expected to operate their vehicles with reasonable care. Failure to uphold this duty is considered negligent behavior.
Massachusetts is a modified comparative-fault state, which means a victim can only recover damages if he or she is less than 50 percent at fault for an accident. Compensation is reduced according to what percent a person is determined to be at fault; If fault exceeds 50 percent, no compensation can be claimed.
Fault is determined by insurance adjusters, who base their decisions on law enforcement reports, statements from those involved in the collision, and other available evidence. Liability, in many cases, is highly subjective.
Investigating Your Car Crash
When you entrust us with your personal injury case, we will conduct a full investigation to prove negligence and liability. This helps us build a strong case to present to the insurance company or to a court of law while trying to recover compensation on your behalf. As a part of this investigation, we will use a wide range of resources that can help us determine why and how your incident occurred. This investigation may require us to:
- Enlist the help of survey teams, accident reconstruction specialists, medical expert witnesses, and other experts who can help us prove your case;
- Identify, collect, and analyze all available evidence;
- Prove the serious and/or permanent nature of your injuries; and
- Document your crash-related expenses and losses.
Important Details for Boston Car Crash Victims
After receiving medical attention, one of the most important steps injury victims can take is to consult with a knowledgeable personal injury attorney.
Under the Massachusetts statute of limitations, injury victims have three years to file a legal claim for damages. But the sooner you contact an attorney, the sooner your lawyer can investigate your case and preserve evidence to support your claim.
Finally, don’t assume that you can’t afford a personal injury attorney if you feel you need one. Our lawyers offer free consultations to help you understand your rights and options, and we work on a contingent-fee basis, which means we only get paid after you get paid.
Our Team Can Handle Your Claim from Start to Finish
When you have the Jason Stone Injury Lawyers legal team on your side, you can focus on getting back on your feet while we focus on recovering the compensation to which you are entitled. From our very first conversation, our team will go to work protecting your right to compensation, will give you peace of mind and will spend our time fighting for a full financial recovery.
Our commitment to your well-being and satisfaction is summed up in our Stone Cold Guarantee®. Our attorneys are ready to do the heavy lifting so you can focus on getting better.
We will stand by you through the entire process, helping you understand what to expect and updating you on the status of your case. We can often prove you qualify to hold the at-fault driver liable and settle these cases without resorting to filing a personal injury lawsuit. However, we will not hesitate to take your case to court if necessary to get the full range of damages to which you are entitled.
What a Former Client Has to Say:
“I had a serious car accident and knew I needed a lawyer because it wasn’t my fault. I called Jason Stone and worked with them, actually, they did all the work, I just recovered from the accident. They took care of everything and kept me informed of everything they were doing and what needed to be done. I settled my case and everything was taken care of in a timely manner, very professionally. If something like this happens again, I would use Jason Stone again.” -Phil B.
Auto Accident FAQ
- What do I do if the driver who hit me doesn’t have insurance?
In Massachusetts, the standard automobile insurance policy contains a provision called Uninsured Motorist Protection. As long as you have a motor vehicle insurance policy of your own, a household member (a person with whom you reside that is related by blood, marriage, or adoption) has a motor vehicle insurance policy, or you were occupying a vehicle with someone that has a motor vehicle insurance policy, your medical bills will be paid, and you should be able to make a claim for compensation for your pain and suffering.
- Who pays for my medical expenses and lost wages?
In Massachusetts, the standard insurance policy has a provision called Personal Injury Protection—also known as “PIP.” Many people have $8,000 in available coverage, which means that the insurance company will pay up to $8,000 in combined medical expenses and lost wages. PIP is also referred to as “No-Fault” because PIP benefits can be paid to you even if you caused the collision. Usually, the insurance policy for the vehicle that you were occupying will provide the coverage, and it will not increase the premiums of the policy owner. Behind the scenes, the insurance company providing the PIP benefits will seek payment from the insurance company that insures the at-fault vehicle. Under current state law, if you have private health insurance, PIP will only cover $2,000, and your health insurance will cover the rest of your expenses. It’s important to comply with the conditions of your private health insurance to make sure that your treatment is covered. A Boston car accident lawyer from Jason Stone Injury Lawyers can help you coordinate your insurance benefits so you don’t end up with outstanding medical bills.
- Who pays to fix the damage to my automobile?
If the accident is determined to be the other driver’s fault, and you have full coverage through your own insurance policy, you can elect to have either the insurance company for the vehicle that caused the accident pay for the damage, or your own insurance policy can pay. If you don’t have full coverage, then you must make a claim through the other driver’s insurance, but the other driver’s insurance will only pay for your property damage if the evidence shows that the other driver is at fault. If who is at fault for the accident is in dispute, one of the Boston personal injury lawyers at Jason Stone Injury Lawyers can fight the insurance company to prove you are not at fault and the other driver is.
- What do I do if I’m in a car accident?
There are a few steps you can take after a car accident to protect your health and rights to compensation:
- Call the Police.
If you’re involved in an accident, you should contact the police immediately. They can help move damaged vehicles out of the path of traffic, ensure the safety of yourself and other drivers in the area, and file a police report of your accident. This report can be an important source of information and help prove the other driver’s negligence.
- Gather evidence and get contact information.
If you’re able, take pictures of the vehicles, roadway, and surrounding environment while at the scene of the accident. Get phone numbers and email addresses of other drivers involved in the accident as well as any witnesses. As soon as you are able, take pictures of any injuries you suffered.
- Get medical attention.
In addition to obvious injuries like lacerations, you may have internal injuries or injuries that don’t manifest immediately. Seeing a doctor can help identify all the injuries you’ve suffered, and your medical report can serve as valuable evidence for your claim.
- Get a lawyer.
The sooner you call a lawyer at Jason Stone Injury Lawyers, the sooner we can start building your claim. An early start can mean more money for you in the long run.
Don’t delay after your car accident. Give us a call at (800) 577-5188 or complete our free online form. We’re here to help you get your life back after the accident.
- Call the Police.
- When the police arrive at the scene of the accident, is it ok for me to talk to them?
Yes. It’s important that you cooperate with the police when they arrive and comply with their requests, such as moving your vehicle to the side of the road. You should also ask a police officer for a copy of his or her accident report. Your attorney can use the report when working on your case.
- Should I notify my insurance company of the accident?
Yes. You should call your insurance company after the accident and tell them what happened. Keep the conversation short and truthful, but never volunteer information that might imply you were at fault. The insurance company can twist your words and disqualify you from receiving a settlement. If you prefer, one of the attorneys at Jason Stone Injury Lawyers can call and report the accident to your insurance company for you to ensure that nothing you say can be manipulated by the insurance company to make it appear that you were at fault for the crash.
- What do I do if the other driver’s insurance company contacts me?
You are not required to talk to the other driver’s insurance company. In fact, it’s the adjuster’s job to pay you as little as possible, so the less you say to him or her, the better. Let an experienced lawyer from Jason Stone Injury Lawyers talk to the insurance company on your behalf instead.
- I feel fine. Should I still see a doctor after my car accident?
Yes. Many auto accident injuries aren’t obvious right away. You may have internal injuries that damage your organs. The symptoms of these injuries can take weeks or even months to appear and may cause serious complications if left untreated.
- Can I get reimbursed for the time that I’ve had to take off work because of my car wreck injuries?
Yes. If you were too hurt to work after your car accident, you may be eligible to receive compensation for your lost wages. Through the PIP portion of the insurance policy, if you have a note from a doctor stating that you need to remain out of work, as well as verification of your employment, you may be able to receive 75 percent of your wages. You will likely receive the remaining 25 percent of your wages at the time your case is successfully resolved.
- How soon after the accident should I get a lawyer?
Call a lawyer right away after the accident. Evidence from the crash scene can disappear fast, and our legal team needs time to collect it and reconstruct the accident scene and identify the conditions that caused the crash. Additionally, insurance companies will contact you immediately after an accident. You should have an attorney protecting your rights before you discuss anything with any insurance company.
- What photographs and other documentation will be helpful to my attorney in pursuing my claim?
Pictures of your car before and after the accident, as well as photos of the accident scene, can help the attorneys at Jason Stone Injury Lawyers determine the cause of the accident and the amount of damages you incurred. Your medical report from a doctor and the accident report from a police officer can also help prove the extent of your injuries and property damage. Photographs of any visible injuries, including bruising and scarring, also help portray the magnitude of your injuries.
- What’s my case worth?
The value of your case depends on several factors, including:
- The total cost of your medical bills
- How much your injuries affect your daily life
- How long your injuries impact your daily life
- Your lost wages due to missed time at work
- Emotional and physical suffering
Speak to a Member of Our Personal Injury Team Today
If you were hurt or a family member was killed in a Boston-area car crash, you Better Phone Stone. For over ten years, our team of personal injury attorneys has focused on helping our clients get as much money as possible for the injuries they suffered. If you have questions about whether you have a valid case for recovering compensation, call our trusted injury lawyers at 800-577-5188 or reach out to us online today.